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2017 (11) TMI 579 - HC - Income TaxReopening of assessment - Deemed dividend u/s 2(22)(e) - Held that:- Since the assessment order has already been done and pursuant to the interim order passed by this Court, the petitioner is on appeal before the Commissioner, it is appropriate for the petitioner to pursue such appeal remedy, since the Commissioner, being the fact finding authority, would be able to appreciate/reappreciate the factual position and take note of the legal position. It is needless to state that the Commissioner (Appeals), while deciding the appeal, first decide the question as to whether the reopening of the assessment and assumption of jurisdiction under Section 147 of the Income Tax Act was justified or was it erroneous as done on the factual matrix.
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