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2014 (9) TMI 357 - AT - Income TaxReopening of assessment u/s 147/148 – earlier the assessment u/s 143(3) was found not valid due to no proper service of notice u/s 143(2) - Held that:- The assessee contended that the provision of section 150 itself cannot be invoked to given any direction - there is no force in the contention of the assessee because the directions are given by CIT(A) and it is stated by him that this direction is u/s 150 of the Act - Section 150 of the Act is regarding the lifting the scope of limitation and the same was referred to by CIT(A) to make it clear that the AO is getting extended time for reopening and merely reference to section 150 in the order of CIT(A) does not affect the validity of the direction of CIT(A) in his order - for invoking the provisions of section 147, it is sufficient that the AO has reason to believe that the income chargeable to tax has escaped assessment and at this stage, no conclusive finding is required. The AO has made addition in the assessment completed by him u/s 143(3) of the Act, the income is taxable in the hands of the assessee in the present year and therefore, it cannot be said that the Assessing Officer has no reason to believe that the income chargeable to tax has escaped assessment once it is held that the assessment u/s 143(3) is not valid because notice u/s 143(2) of the Act was not issued and served in time - No further finding was required to be given by CIT(A) and whether this income is actually taxable or not will be determined in the assessment to be completed by the Assessing Officer u/s 147 and this question is premature at this stage – Decided against assessee.
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