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2014 (3) TMI 1211 - HC - Income TaxScrutiny Assessment - Satisfaction of instructions issued by CBDT for selection of cases for scrutiny for the financial year 2007-08 - HELD THAT:- Admitted for determination of following substantial questions of law, which arise in this appeal: i) Whether on the facts and in the circumstances of the case, Hon'ble ITAT New Delhi was right in law in quashing the notice as well as assessment made in the case of the assessee by holding that instructions issued by CBDT for selection of cases for scrutiny for the financial year 2007-08 are not shown to have been satisfied for assumption of jurisdiction whereas the case of assessee was rightly picked up for scrutiny as per guidelines contained in CBDT instruction for selection of cases for scrutiny? ii)Whether Hon'ble ITAT New Delhi was right in law in quashing the notice as well as assessment made as the assessment for the year A.Y 2004-05 was framed by making disallowance of Rs.5,60,207/- and the appeal of the assessee was pending before CIT(A) and as per the CBDT instructions contained in Scrutiny Guidelines for F.Y 2007-08 in clause 2(v)(b) provided that all cases in which an appeal was pending before the CIT(A) against an addition/disallowance of Rs.5 lacs or above, or the Department had filed an appeal before ITAT against the order of the CIT(A) deleting such an addition/ disallowance and an identical issue in arising in the current year be taken for scrutiny; the Hon'ble ITAT misinterpreting the said instructions wrongly held that the instructions issued by CBDT are not shown to have been satisfied for assumption of jurisdiction? iii)Whether Hon'ble ITAT New Delhi was right in law in quashing the notice as well as assessment made in the case of assessee without adjudicating upon the issues raised by the Revenue as well as the assessee by way of appeals filed before the Hon'ble Tribunal? To be listed for final hearing on 22.05.2014.
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