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2022 (5) TMI 273 - AT - Income TaxReopening of assessment u/s 147 - voluntary disallowance under section 14A while computing the total taxable income - HELD THAT:- The assessment was reopened for making disallowance in as much as the disallowance under section 14A of the Act has already come across under section 143(1) of the Act as well as under section 143(3) of the Act without any new tangible material on record. Hon'ble Supreme Court in the case of CIT v. Kelvinator of India Ltd [2010 (1) TMI 11 - SUPREME COURT] as well as the decision of the Hon'ble Bombay High Court in the case of Marico Ltd.. [2019 (8) TMI 1337 - BOMBAY HIGH COURT] we held that the reopening is invalid and the assessment order passed under section 143(3) r.w.s. 147 of the Act is quashed. Once we have quashed the assessment order under section 143(3) r.w.s. 147 of the Act, the appeal preferred by the Revenue against the order passed by the ld. CIT(A) remains academic, no adjudication is required and liable to be dismissed and accordingly dismissed the appeal of the Revenue.
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