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TMI Blog2022 (6) TMI 456X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 (Old No.:GA/530/2015), ITAT/35/2015 IA No:GA/1/2015 (Old No.:GA/528/2015), ITAT/27/2015 IA No:GA/1/2015 (Old No.:GA/539/2015) Hon'ble Justice T.S. Sivagnanam And Hon'ble Justice Hiranmay Bhattacharyya For the Appellant : Ms. Chandrani Das, Adv., Ms. Riti Basu, Adv. ORDER These appeals have been preferred by the assessees under Section 260A of the Income Tax Act, 1961 challenging the common order passed by the Income Tax Appellate Tribunal "A" Bench, Kolkata, dated 12th September, 2014. The appeals before the Tribunal, though filed by different assessees, involved common issues, the Tribunal took up for consideration the appeals together and disposed of by the common impugned order. The assessment year in all the appeals is 1999-00. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the clients have not responded to any of their communication either. In order to substantiate the same, the learned Advocate appearing for the appellant has produced the copies of the email communications sent to the appellants on several dates. Therefore, the learned Advocate reported 'no instruction'. The said submission is taken on record. Since the appellants have not responded to the repeated communications sent by the learned Advocate for the appellant, it appears that appellants are not interested in prosecuting the matter. Nevertheless, since the matter is of the year 2015 challenging the order passed by the Tribunal dated 12th September 2014, we have taken up the matters for consideration on merits. The common issue involved in al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; one issue relates to the validity of the initiation of the proceedings, second issue relates to the initiation of re-assessment proceedings barred by limitation and the third issue relates to the service of the notice u/s. 143(2). In the second round of appeal, CIT(A), when the proceedings got reinstated before him, had decided the issue in respect of issuance and service of notice u/s 143(2) against the Assessee. Against that issue, the Assessee has not filed any appeal or cross objection before us. Therefore, that issue got concluded by the order of CIT(A) and we cannot adjudicatte that issue. Even during the course of the argument also, the ld. AR did not raise any such issue even though the issue involved, in our opinion, is a legal i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the reassessment order of the Assessing Officer is annulled" 6.5 The Assessee has not filed any appeal or cross objection before us. Now, the only issue with which is vested with us for adjudication is whether the AO has 'reason to believe' on the basis of the information available with him. Whether the reasons to believe recorded by the assessing officer are bonafide or not, initiated on the basis of the statement of one of the partner of the assessee at the time of search and seizure." After rendering the above finding the Tribunal examined as to whether the assessee was justified in contending that the reassessment proceeding was a case of change of opinion. We find from the order passed by the learned Tribunal all the decisions o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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