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2020 (7) TMI 627 - AT - Income TaxReopening of assessment - Return filed beyond the time prescribed u/s 139(4) and therefore, was treated nonest by the AO - Belated return filed - HELD THAT:- In the instant case, the AO had initiated proceedings u/s 147 for escapement of income which was the returned income filed prior to issue of notice u/s 148 in the belated return and as well as in the return filed in response to notice u/s 148 and since the AO has accepted the said returned income and proceeded to make various other additions without issuing fresh notice u/s 147/148, therefore, we are of the considered opinion that the AO has exceeded his jurisdiction in reassessing issues other than the issues in respect of which the proceedings are initiated and reasons for the initiation of those proceedings cease to survive. We, therefore, hold that the various other additions made by the AO are not in accordance with the law being without jurisdiction and, therefore, are to be deleted. Penalty levied u/s 271(1)(c) - HELD THAT:- Since, in the quantum appeal we have deleted the various additions made by the AO and partly sustained by the CIT(A), therefore, the penalty does not survive. Accordingly the order of the CIT(A) partly sustaining the penalty levied by the AO u/s 271(1)(c) is set aside and the AO is directed to cancel the penalty. - Decided in favour of assessee.
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