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2019 (9) TMI 1715 - AT - Income TaxReopening of assessment u/s 147 - case of the assessee as completed us 153A - unexplained cash credit u/s 68 - HELD THAT:- We find that that the addition which is in dispute before us has been deleted by the Ld. First Appellate Authority in his order relying on the decision of the Hon’ble High Court in the case of Kabul Chawala [2015 (9) TMI 80 - DELHI HIGH COURT] and the Revenue challenged that order of the Ld. CIT(A) before the Tribunal. Thus, it is an admitted fact that very sum in respect of which the Assessing Officer reopened the proceeding, were the subject matter of the appeal before the Tribunal. We find that the third proviso mandates that no proceeding can be initiated to tax such income, which is subject matter of the appeal. We are of the considered opinion that AO was not justified in reopening the assessment for assessing the income which was subject matter of the appeal before the Tribunal. Accordingly, we hold the reassessment in the instant case as void-ab-initio thus, the reassessment proceeding are accordingly quashed. Decided in favour of assessee.
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