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2018 (3) TMI 463 - AT - Income TaxValidity of reopening u/s 147/148 - exemption/deduction claimed u/s 11 allowed by AO - Held that:- The assessee trust is running an Educational Institutions and the objects and activities of the assessee trust were accepted as charitable in nature while granted registration u/s 12AA of the Act vide order dated 04.11.2004. For the year under consideration the assessee filed return of income on 15.10.2010 and declared nil income after claiming the benefit of Section 11 of the Act. The Assessing Officer while completed the assessment u/s 143(3) vide order dated 18.03.2013 has accepted the return income When the Assessing Officer has reopened the assessment by forming the believe an re-appreciation of material already available on record as well as in view of the decision of Hon’ble Jurisdictional High Court in case of CIT vs. Hindustan Zinc (2016 (6) TMI 1045 - RAJASTHAN HIGH COURT), we hold that reopening is not valid as the AO had no jurisdiction to invoke the provision of Section 148 of the Act. We may point out that the provisions of Section 148 cannot be used for reviewing the decision taken by the AO u/s 143(3) of the Act. There is a demarcation and separation of jurisdiction even for revision for an order suffering from error and therefore the remedy for such erroneous order is provided u/s 263 of the Act. Hence, the reopening of the assessment is set aside - Decided in favour of assessee.
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