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2017 (6) TMI 865 - AT - Income TaxValidity of assessment u/s. 143(3) - assessee’s case was reopened on the basis of AIR information - Held that:- The notice under reference having been issued only on the basis of AIR information, it is clearly a AIR case. Sure, the assessee is not a party to the transaction in his personal capacity, but it needs to be appreciated that at the time of issue of notice it is the information received through the AIR return/s that is relevant, and there is no scope either for its verification or vetting or explanation at that stage. The ‘jurisdictional’ fact of the notice being in respect of an AIR case stands established, and its legality therefore cannot be questioned. The next question if the assessee having furnished the PAN of his brother, clarifying his role to be no more than his representative, the party of the first part in the sale deed, which is the subject matter of AIR information, ought the AO to have dropped the proceedings we find no legal mandate for the same. Rather, s. 119(1)(a) clearly places a restriction on the power of the Board to issue any orders, instructions or directions requiring any income tax authority to make a particular assessment or to dispose of a particular case in a particular manner. Finding the assessee’s return as inconsistent with the law, i.e., given the undisputed, admitted facts, he made adjustments to the returned income, to which in fact the ld. AR also conceded as valid in law and, in any case, are not disputed. The assessee’s challenge accordingly fails.
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