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2014 (12) TMI 384 - AT - Income TaxValidity of notice for reopening of assessment u/s 148 time for normal scrutiny u/s 143(3) was available and the A.O. - Held that:- as per Section 147 the AO is justified in issuing the notice u/s 148 and justified in making the assessment u/s144 - the Commissioner of Income tax has held that when the Assessing Officer can assess the income u/s. 143(2), it is not necessary to issue the notice u/s. 148 of the Act. But in the instant case, the Assessing Officer has not completed the assessment and pendency of the assessment order - The AO has issued the notice u/s 147 and made the assessment thus, AO is justified in reopening the assessment as well as making the assessment u/s. 147 r.w.s. 144 - CIT (A) is not justified in action the order of the CIT(A) is set aside Decided in favour of revenue. Opportunity of being heard provided or not Non-speaking order passed by CIT(A) - Amount paid to tenants to be deducted from sale consideration or not - Held that:- CIT(A) has allowed the claim of the assessee without passing any speaking order - the CIT(A) should pass the order with giving the reasons the same has also been provided under the Instruction issued by the CBDT in Instruction No. 1592 dated 7.1.85 F. No.262/38/84ITJ - the requirement of giving reasons for an order derives its authority from the principle that justice should not only be done but it also should seem to have been done - the duty to act judicially excludes the possibility of arbitrary exercise of the power - If reasons are required to be given for an order the same would be an effective restraint or potent weapon to check the abuse of power - It excludes from consideration extraneous or irrelevant matters thus, the matter of compensation of ₹ 28,00,000/- is remitted back to CIT(A) to decided afresh order Decided in favour of revenue.
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