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2021 (12) TMI 772 - HC - Income TaxReopening of assessment u/s 147 - Disallowance u/s 14A - HELD THAT:- When the appeal had been preferred by Petitioner before the ITAT, and disallowance u/s 14A of the said Act is the subject matter of that appeal, the AO could not have assessed or reassessed such income. Moreover by issuing the notice u/s 148 the AO in fact is sitting in appeal over the decision of CIT(A) to disallow only under Section 14A of the said Act. If he was aggrieved by the decision of CIT(A) to disallow only ₹ 1,82,207/- under Section 14A of the said Act, Revenue could have filed an appeal before ITAT. Having missed the bus, the Assessing Officer cannot adopt the route of re-opening and issue notice under Section 148. - Decided in favour of assessee.
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