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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
This appeal at the instance of the assessee is directed against the order of the CIT(A), Kochi-2 dated 18/12/2019. The relevant assessment year is 2011-12.
Two issues are raised in these appeals:
1) Whether the re-opening of the assessment is valid.
2) Whether the CIT(A) is justified in confirming the Assessing Officer’s action in denying the benefit of deduction u/s. 80P of the I.T. Act.
. 3. At the outset, we notice that the assessee has raised following ground before the CIT(A):
“The assessing officer ought to have communicated the ‘reasons to believe’ recorded by the assessing officer for initiating proceedings under section 147. However, it was not done before completion of the assessment though it was requested by the appellant and hence the assessment order is liable to be quashed.”
The above ground goes to the root of the matter. We notice that the CIT(A) has not adjudicated the same. Therefore, in the interest of justice and equity, we are of the view that the entire issue raised in this appeal needs to be considered afresh by the CIT(A). For the above purpose, the case is restored to the file of the CIT(A). The assessee shall co-operate and shall furnish the necessary details called for by the CIT(A). Further, the assessee shall not seek unnecessary adjudication. It is ordered accordingly.