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2015 (3) TMI 454 - HC - Income TaxProtective assessment under Section 147 - ITAT drawing the conclusion that to avoid multiplicity of the proceedings on the same issue the order u/s 263 should be quashed - Held that:- The very premise that there was protective assessment under Section 147 of the Income Tax Act is incorrect. The very foundation on the basis of which the ITAT has applied mind is found lacking in the matter. It is therefore clear that in the present circumstances, the ITAT ought to have considered the issue on merits. Other three appeals considered together with the present appeal had no bearing on the controversy. Hence, even if after remand in those appeals, the assessment orders grant benefit to the concerned assessee, that by itself does not eliminate need of application of mind on merits by the ITAT. We are, therefore, not in a position to agree with the contention of Advocate Shri C.J. Thakkar that because of subsequent assessment orders in favour of the assessee, remanding back the present appeal to the ITAT would be an empty formality.- Decided in favour of the appellant department.
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