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2020 (2) TMI 518 - HC - Income TaxValidity of Appeal - alternate remedy - reopening of assessment - regular Appellate remedy available to the Assessee against the impugned Reassessment Order - HELD THAT:- Single Judge ought to have upheld the objection of the Revenue and relegated the Assessee to the regular Appellate remedy available to the Assessee against the impugned Reassessment Order under Section 147/148 of the Act for the Assessment year 2008-09. Assesseealso fairly submitted before us that even at this stage, the Assessee may be allowed to avail his remedy by way of appeal before the First Appellate Authority viz., CIT (Appeals), to which the learned Counsel for Revenue Ms.Hema Muralikrishnan also does not have a serious objection. We are inclined to accept the said submission of the learned Counsel for the Assessee and the Revenue, accordingly, we allow the present appeal of the Revenue and set aside the order passed by the learned Single Judge and we direct that, if the Assessee prefers a regular appeal before the learned CIT (Appeals) for the Assessment year 2008-09 against the impugned re-assessment order dated 2 March 2016 for the Assessment year 2008-09, within a period of four weeks from today, then, without raising any objection with regard to the limitation, the learned CIT (Appeals) may entertain the said appeal, and decide the same on merits and in accordance with law, subject to fulfillment of other conditions, as may be imposed by it. Appeals of the Assessee may be decided independently, uninfluenced by any of the observations made by the learned Single Judge in the order impugned before us.
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