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2020 (6) TMI 707 - AT - Income TaxReopening of assessment u/s 147 - long term capital gain on sale of agricultural land - HELD THAT:- Notice u/s 148 was issued and served upon the assessee and assessment was completed vide order dated 26.03.2014. The order of the Tribunal is 26.09.2014 and the directions of the Tribunal are very clear that the AO had to verify whether the capital gains have been taxed in the hands of the HUF or not and assessment order dated 26,03,2014 clearly shows that assessment has been completed in the hands of the HUF. Once assessment has been reopened to tax capital gain in the hands of the HUF, to avoid double taxation the Tribunal in the hands of the individual has simply directed the AO to very whether the HUF has been assessed or not. Tribunal nowhere directed the AO to reopen the assessment and make the impugned additions. In our humble opinion, the AO has totally misinterpreted the directions of the Tribunal and grossly erred in once again reopening the assessment on the same set of facts which have already been considered while framing assessment order dated 26.03.2014 in the hands of the HUF. We have no hesitation to set aside the notice u/s 148 of the Act, thereby quashing the assessment order framed pursuant to the said notice. - Decided in favour of assessee.
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