TMI Blog2022 (3) TMI 1517X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the assessment under Section 147 of the Act, Question No. (iii) is answered in the affirmative, by holding that the re-assessment is bad in law, in favour of the Assessee and against the Department. - ITA Nos.29 and 30 of 2021 - - - Dated:- 8-3-2022 - DR. S. MURALIDHAR THE CHIEF JUSTICE JUSTICE R.K. PATTANAIK For the Appellant : Mr. Sidhartha Ray, Advocate For the Respondents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Assessee under Section 143 (2) of the Act? 3. As far as Question No. (iii) is concerned, Mr. Satapathy, learned Senior Standing Counsel for the Department raises preliminary objection that this issue was not raised by the Assessee at any of the stages of the proceedings before the AO, CITA and ITAT and therefore, it should not be permitted to raise such question at this stage. 4. In resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e an objection at this stage to the framing of such question by this Court. 6. As far as Question No. (iii) is concerned, the matter is squarely covered in favour of the Assessee by several judgments of the Supreme Court and the High Court including Assistant Commissioner of Income Tax v. Hotel Blue Moon (2010) 321 ITR 362 (SC) and the Delhi High Court in Pr. Commissioner of Income Tax v. Sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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