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2021 (3) TMI 1322 - HC - Income TaxReopening of assessment u/s 147 - Whether Tribunal is right in law in quashing the notice under section 148 of the Act and pursuant to assessment under section 147 and read with 143(3) of the Act is valid? - HELD THAT:- Ground No.1, i.e. with regard to reopening assessment under section 147, was given up by the assessee before the CIT(Appeals). Recording the submissions of the learned AR., the Commissioner of Income Tax (Appeals) dismissed the said ground. However, the Income Tax Appellate Tribunal took into consideration the said ground which was given up by the assessee before the Commissioner of Income Tax (Appeals) and held against the Revenue. When the assessee themselves have given up the ground, the Income Tax Appellate Tribunal should not have taken into consideration the said ground and given a finding as against the Revenue. The common order passed by the Tribunal cannot be sustained on this ground alone. We set aside the common order passed by the Income Tax Appellate Tribunal and remit the same to the Tribunal for fresh consideration. The Tribunal is directed to go into the merits of the matter and pass an order afresh on merits and in accordance with law.
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