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2021 (5) TMI 385 - ITAT DELHIReopening of assessment u/s 147 - as argued AO has wrongly assumed jurisdiction under Section 148 of the Act and grossly erred in re-opening assessment which is in violation of mandatory jurisdiction conditions stipulated under the Act - HELD THAT:- As decided in M/S. SUPERSONIC TECHNOLOGIES PVT. LTD. [2018 (12) TMI 912 - ITAT DELHI] Tribunal was of the considered view that the re-assessment proceeding was on the basis of non-application of mind on the part of the Assessing Officer and since the re-opening of the assessment was not accepted by the Tribunal, order framed under Section 263 of the Act was quashed. Since the present assessment order is framed on the very same reasons, which were considered by the Tribunal (supra) while quashing the order, once the reasons have not been accepted by the Tribunal, the same cannot be held to be good for the present assessment. Respectfully following the order of the Tribunal (supra) the re-opening of the assessment is held to be invalid and unlawful and accordingly, quash the assessment order. - Decided in favour of assessee.
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