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2023 (8) TMI 1059 - ITAT CHENNAIReopening of assessment u/s 147 - disallowance u/s. 14A r.w.r. 8D - HELD THAT:- In the present case, if you go by reasons recorded for re-opening of assessment, the assessment has been reopened to assess income chargeable to tax had been escaped assessment on account of computation of disallowance u/s. 14A r.w.r. 8D and said issue was subject matter of appeal before the CIT(A). The issue of disallowance u/s. 14A r.w.r. 8D of I.T. Rules, 1962 was travelled up to Tribunal and [2021 (3) TMI 1429 - ITAT CHENNAI] has remanded the issue back to the file of the Assessing Officer for denovo consideration of disallowance u/s. 14A r.w.r. 8D, thus it is very clear that the issue on which the assessment has been re-opened was subject matter of appeal and thus, in our considered view as per 3rd proviso to section 147 re-opening of assessment and consequent assessment order passed by the Assessing Officer is bad in law and liable to be quashed. Decided in favour of assessee.
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