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2023 (2) TMI 1019 - AT - Income TaxReopening of assessment u/s 147 - claim u/s 11(2) which was only made during proceedings initiated u/s 148 - whether the Form-10 could be furnished by the assessee for the purposes of Section 11 of the said Act during the re- assessment proceedings? - As per CIT-A income was offered and Form No. 10 was filed during the re-assessment proceedings and there is no finding of the Assessing Officer that the conditions subject to which accumulation is allowed under section 11(2) were not fulfilled - HELD THAT:- We find that CIT(A) while deciding the issue has relied on the decision rendered by Hon’ble Apex Court in the case of Nagpur Hotels Associations [2000 (12) TMI 99 - SUPREME COURT] and other decisions. Before us, Revenue has not pointed out as to how the ratio of the aforesaid decision is not applicable to the facts of the present case. We further find that CIT(A) while deciding the issue has given a finding that there is no findings of the AO about that the conditions subject to which the accumulation was allowed u/s 11(2) of the Act was not fulfilled by the assessee. Considering the totality of the facts, we find no reason to interfere with the order of CIT(A) and thus the ground of Revenue is dismissed.
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