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2021 (7) TMI 42 - AT - Income TaxReopening of assessment u/s 147 - as per AO assessee has purchased insurance policy and surrendered the policy within 03 years but in the body of the assessment order, the A.O. has not made any such addition on account of the surrendered insurance policy - HELD THAT:- It is an admitted fact that the A.O. has not made any addition on account of the reasons for which the case of the assessee was reopened but has made certain other additions. We find the Hon'ble Delhi High Court in the case of Ranbaxy Laboratories Ltd.,[2011 (6) TMI 4 - DELHI HIGH COURT] has held that the A.O. had jurisdiction to re-assess the issues other than the issues in respect of which proceedings are initiated, but, he was not so justified when the reasons for the initiation of those proceedings ceased to survive. Since, in the instant case, admittedly no addition has been made on account of the issue for which the case of the assessee was reopened but addition has been made on some other ground without issuing fresh notice under section 148 after recording reasons under section 147 for escapement of income, therefore, the addition made by the A.O does not survive being not in accordance with Law. The Order of the Ld. CIT(A) is accordingly set aside, and the A.O. is directed to delete the addition - Decided in favour of assessee.
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