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2017 (4) TMI 1378 - HC - Income TaxReopening of assessment - order passed by the DIT (Exemption) dated 15/02/2010 u/s 12AA(3) by which he cancelled the registration granted under Section 12AA retrospectively - Held that:- The order passed by the learned tribunal quashing and setting aside the order passed by the Director of Income Tax (Exemption) dated 15/02/2010 cancelling the registration retrospectively has been confirmed by this Court [2017 (6) TMI 82 - GUJARAT HIGH COURT]. Under the circumstances, when the grounds on which the Assessing Officer has sought to reopen the assessment for the Assessment Years 2005-06 and 2006-07 itself do not exist as the same has been set aside by the learned tribunal confirmed by this Court, the impugned notice under Section 148 and reopening of the assessment for the Assessment Years 2005-06 and 2006-07 cannot be further sustained and the same deserves to be quashed and set aside as the cause and the grounds to reopen the assessment for the Assessment Years 2005-06 and 2006-07 do not exist. In view of the above and for the reasons stated hereinabove, both these petitions succeed. The impugned notice under Section 148 of the Income Tax Act to reopen the assessment for the Assessment Years 2005-06 and 2006-07 and the impugned reassessment proceedings for the Assessment Years 2005-06 and 2006-07 are hereby quashed and set aside.
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