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2022 (3) TMI 1388 - HC - Income TaxReopening of assessment u/s 147 - As contented that the exercise of reopening in the present case is not in consonance with the instructions dated 04.03.2021 issued by the CBDT and further clarified on 12.03.2021 inasmuch as the prior approval of the Chief Commissioner, Income tax had not been accorded - HELD THAT:- As asserted that as per the afore-noticed instructions the CCIT was enjoined to call for the list of the potential cases along with details and evidences from the Subordinate Authorities and thereafter upon careful examination was to suggest to the A.O. the potential cases to be taken for consideration for action u/s148 - Still further subsequent to the issuance of notice under Section 148 of the Act, the A.O. was required to upload all the underlying/relevant documents relied upon as also the satisfaction recorded. It is the categoric submission made by counsel that such procedure has been given a complete go-by. Reliance has also been placed upon judgment of the Apex Court in UCO Bank vs. Commissioner of Income Tax [1999 (5) TMI 3 - SUPREME COURT] to argue that the circulars issued under Section 119(1) of the Act would have binding effect and are enforceable. Notice of motion returnable for 18.07.2022. Further proceedings in the meanwhile shall be kept in abeyance.
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