TMI Blog2019 (7) TMI 441X X X X Extracts X X X X X X X X Extracts X X X X ..... the validity of the reopening except by observing that such a contention was not raised before the Assessing Officer and that the contention could not be entertained at the appellate stage. CIT(A), being the First Appellate Authority, is entitled to examine the entire facts and the validity of reopening of assessment being a mixed question of law and fact, the same can very well be entertained by the CIT(A). Even before the Tribunal, we find that the respondent/assessee did not specifically contest the reopening proceedings by placing decisions nor there was any contest with regard to the stand taken by the Revenue that only intimation under Section 143(1) of the Act was issued and that no assessment order was passed under Section 143(3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment order and therefore, applying First Proviso to Section 147 of the Income Tax Act does not apply ? And iii. Whether the reasoning and finding of the Tribunal is proper in holding that since interest income had been taxed, the interest paid must be allowed as an expenditure without taking cognizant of the fact that the assessee has not established any nexus between the expenditure and the income earned to allow such deduction under Section 37 of the Income Tax Act ? 3. We have heard Mrs.R.Hemalatha, learned Senior Standing Counsel appearing for the appellant and Mr.A.S.Sriraman, learned counsel accepting notice for the respondent. With consent, the main appeal itself is taken up for final disposal. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... faint plea was raised by the assessee before the CIT(A) objecting to the issuance of notice for reopening. However, there was no finding rendered by the CIT(A) as to the validity of the reopening except by observing that such a contention was not raised before the Assessing Officer and that the contention could not be entertained at the appellate stage. 7. In our considered view, the CIT(A), being the First Appellate Authority, is entitled to examine the entire facts and the validity of reopening of assessment being a mixed question of law and fact, the same can very well be entertained by the CIT(A). Even before the Tribunal, we find that the respondent/assessee did not specifically contest the reopening proceedings by pl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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