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TMI Blog2017 (12) TMI 1399X X X X Extracts X X X X X X X X Extracts X X X X ..... nces of the case and in law, the ld. CIT(A) erred in holding that the assessment completed u/s. 147 is bad in law. 2. On the facts and in the circumstances of the case and in law, the ld. CIT(A) erred in holding that the assessment completed u/s. 147 is bad in law without taking into consideration that if a single valid reason is available for reopening the assessment u/s. 147, the assessment is valid. 3. The grounds raised in the assessee's cross objection read as under: CO No.1: Addition of dividend income 1.1. On the facts and in the circumstances of the case and in law, the Learned Commissioner of Income Tax (Appeal) ('CIT(A)') erred in not adjudicating ground number 2 of the appeal before him which pertained to addition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned CIT(A) erred not appreciating the fact that a rectification application under section 154 of the Act was pending before the AO with respect to the restructuring cost for amalgamation. CO No.5: Levy of Interest: 5. On the facts and in the circumstances of the case and in law, the ld. CIT(A) erred in upholding the action of the A.O. in levying interest under Section 234B, 234D and Section 220 of the Act. 4. The issue raised in the Revenue's appeal and the issue raised in cross objection read as under: In this case the assessment was reopened as assessment framed u/s. 143 r/w s. 147 of the Act. In the above assessment order, the Assessing Officer added the following: Computation of Total Income: Total income as per order dated 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ealed before them and complete their order for proper appreciation of the issues at the higher appellate level. Hence, we are of the opinion that the ld. CIT(A) needs to adjudicate on the merits of the issues raised before him in order to make his appellate order complete. Accordingly, we remit the issue on merits raised in the cross objection by the assessee which were also before the file of ld. CIT(A) to the file of ld. CIT(A). The ld. CIT(A) is directed to consider the issue on merits and pass a speaking order on the same. Needless to add, the assessee should be granted adequate opportunity of being heard. We make it clear that we have not considered the issue on the validity of reopening in any manner whatsoever. Both the party is free ..... X X X X Extracts X X X X X X X X Extracts X X X X
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