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2022 (1) TMI 142 - AT - Income TaxReopening of assessment u/s 147 - original assessment in petition filed u/s. 264 - HELD THAT:- We find that this Tribunal in the case of Sam Portfolios Pvt. Ltd. [2020 (2) TMI 1142 - ITAT DELHI] had considered the same set of facts in related concerns, where Ld. CIT had quashed the original assessment in petition filed u/s. 264 and again case was reopened on the same ground u/s.148 and quashed the assessment under Section 147 of the Act. We find that, exactly same reasons recorded were there as have been incorporated in the impugned assessment order. Similarly, the Tribunal in the case Shreya Infra Developers [2021 (8) TMI 1267 - ITAT DELHI] following the case of Sam Portfolios Pvt. Ltd. (supra) held that the order of the CIT (Appeals) under Section 264 of the Act and notice u/s 148 of the Act has been issued exactly on same reasons recorded for reopening the assessment, therefore, the reassessment order cannot be sustained and same was quashed. Since the Tribunal in two case exactly on same set of facts had quashed the assessment passed under Section 147 therefore, respectfully following the same in this case also the assessment order passed by the Assessing Officer under Section 147 of the Act is quashed. The Cross Objection filed by the assessee is allowed and the appeal filed by the Revenue is dismissed.
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