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Case Law Details

Case Name : Shri Sanjay Thakur Vs The D.C. I.T. (ITAT Delhi)
Related Assessment Year : 2009-10
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Shri Sanjay Thakur Vs The DC IT (ITAT Delhi)

Powers of the CIT(A) have been set out in section 251 of the Act. The CIT(A) has more power to send the matter back to the file of the AO for making fresh decision on the issue. Once the assessment order was quashed the CIT(A) has transgressed the power given to him u/s 251 (1) of the Act by giving direction to the AO to take action u/s 147/148 of the Act. Such directions are uncalled for and deserve to be expunged from the findings of the first appellate authority. We accordingly direct the AO to read the order of the first appellate

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2 Comments

  1. Ankit patel says:

    order u/s 153 have to be passed within 12 months from the end of f.y in which notice w.r.t section 150 servered to assessee. rahul vora your assessment will gets barred by limitation after 31-3-21 as your received notice on 9/2019.

  2. rahul vora says:

    Sir,
    I have the following doubt in this regard in September 2019 the ITAT passed an order in against the assessee setting aside the order of the CIT(A) and directing the ACIT to pass a fresh order in relation to Assessment Year 2014-15. I just want to know if you can let me know when this assessment gets barred by limitation.

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