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Income Tax

AO must pass separate orders to give effect to Tribunal orders

Case Law Details

Case Name
NXP India Private Limited Vs ACIT (ITAT Bangalore)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2009-10
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NXP India Private Limited Vs ACIT (ITAT Bangalore) In this case AO passed a combined order giving effect to earlier orders of Tribunal with regard to original assessment and also reassessment order u/s. 143(3) r.w.s. 147 of the Act which is incorrect. The AO must have passed distinct and separate orders giving effect to the Tribunal’s orders which is emanating from the assessment order passed u/s. 143(3) and fresh reassessment order which is emanating from reassessment notice dated 23.3.2016. As such, we vacate the combined assessment order dated 29.12.2016 passed u/s. 143(3) r.w.s. 147 r.w....
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