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2020 (1) TMI 558 - AT - Income TaxReopening of assessment - Validity of notice u/s 148 - proceeding u/s 153C initiated against the Assessee has been ordered to be dropped - HELD THAT:- We noticed that there was no new material with the AO to initiate the proceeding u/s 148. When the proceeding u/s 153C has been initiated and subsequently dropped, thereafter on the similar grounds the provisions u/s 147/148 is not liable to be invoked. Assessee took the alternate plea that the notice u/s 147/148 was issued after the expiry of 4 years and no sanction was taken, therefore, the order is not liable to be sustainable in the eyes of law. There is no need to go to the alternate ground because it is a matter of record that the proceeding u/s 153C of the Act was initiated against the assessee and on the same day the proceeding was dropped and notice u/s 148 was issued which was unjustifiable. Assessment order is not liable to be sustainable in the eyes of law, hence, we set aside the same. - Decided in favour of the assessee.
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