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2017 (8) TMI 482 - AT - Income TaxReopening of assessment - Assessment u/s 153A relied upon - Held that:- It is an admitted fact, as also evident from the reasons recorded and the assessment order that the initiation of reopening proceedings was made by the Assessing Officer on the basis of information available with the AO. Thus respectfully following the decision of Co-ordinate Bench of the ITAT, Amritsar in the case of ACIT vs. Arun Kapur (2012 (6) TMI 403 - ITAT AMRITSAR) and Rajat Shubra Chatterji vs. ACIT, New Delhi [2016 (7) TMI 258 - ITAT DELHI] hold that provisions of sec. 153C of the Act were applicable in the present case for framing the assessment, if any, which excludes the application of sec. 147 of the hence, notice issued under sec. 148 of the Act and assessment framed in furtherance thereto under sec. 147 read with section 143(3) of the Act are void ab initio. Hence, the reassessment in question is accordingly quashed. - Decided in favour of assessee.
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