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2021 (9) TMI 1182 - HC - Income TaxReopening of assessment u/s 147 - whether the assumption of jurisdiction by the Assessing Officer invoking Section 147 of the Act is in accordance with law? - HELD THAT:- What is required to be seen in the said writ petition is as to whether the alleged ground, on which, the reopening was done, was based on a new material, was there a sale transaction and more particularly when the assessee was not the owner of the property. The so called material, which was unearthed during search proceedings conducted in the premises of the Finance Manager of a company, has also been furnished to the assessee and the notings therein need to be considered as to whether any on money was received by the assessee. Unless these are decided and a finding is rendered, it cannot be held as to whether the reopening is valid or not. Since such an exercise has not been done by the learned Single Judge, we are inclined to interfere with the impugned order. This is more so unless and until such a finding is rendered, the Appellate Court cannot test the correctness of the findings. Therefore, in the absence of any such finding, the Appellate Court cannot be expected to convert itself into the Court of first instance and decide the writ petition on merits. Hence, while setting aside the impugned order passed in the said writ petition, we are inclined to restore the said writ petition to the file of the learned Single Judge to be heard and decided on merits - Writ appeal is allowed.
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