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2023 (9) TMI 987

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..... he CIT(A) had wide powers, whereby, if he was convinced of the case set up by the assessee, he could annul the assessment order, which would include the power to set it aside. Annulment of the assessment order would lead to its cancellation. The assessment order would cease to exist, relegating parties to the position obtaining before the order was passed. Although Mr Khan contends to the contr .....

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..... e time on the previous date, i.e., 25.07.2023, whereupon we had set out the broad contours obtaining in the matter. 2. For the sake of convenience, the relevant parts of the order dated 25.07.2023 are set forth hereafter: 2. The record shows that the order under Section 148A(d) of the Income Tax Act, 1961 [in short, Act ] was passed by the Assessing Officer (AO) as far back as on 28.07.20 .....

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..... 1.04.2015, that forms the income, which is said to have escaped assessment. The AO has valued the jewellery at Rs. 3,85,500/-, which has been added to Rs. 27,00,000/-, i.e., cash brought by the petitioner from Pakistan. Consequently, the escaped income was pegged, as noticed above, at Rs. 30,85,500/-. 8. Since an assessment order has been passed, we have indicated to Mr Shafiq Khan, learned .....

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..... 3. 3. After hearing the learned counsels for the parties, we had expressed a prime facie view that the appeal was not maintainable. We had also indicated that the Commissioner of Income Tax (Appeals) [in short, CIT(A) ] had wide powers, whereby, if he was convinced of the case set up by the assessee, he could annul the assessment order, which would include the power to set it aside. Annulme .....

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