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2017 (4) TMI 1637 - ITAT CUTTACKReopening of assessment u/s 147 - no notice u/s.143(2) was issued - mandatory or procedural irregularity - contracting decisions - HELD THAT:- It is a settled position of law that where there are contrary decisions of Hon’ble High Courts on an issue and none of which is Hon’ble Jurisdictional High court, then the decision in favour of the assessee should be followed in view of the decision in the case of CIT vs. Vegetable Products Ltd [1973 (1) TMI 1 - SUPREME COURT] Therefore, respectfully following the decision of M/s. Travancore Diagnostics (P) Ltd [2016 (11) TMI 76 - KERALA HIGH COURT] and the decision of Sri Jai Shiv Shankar Trades Pvt Ltd [2015 (10) TMI 1765 - DELHI HIGH COURT] we hold that the impugned reassessment orders passed u/s.143(3)/147 without issuing notice u/s.143(2) is bad in law and, therefore, we quash the reassessment order for both the assessment years under consideration and allow the ground of appeal of the assessee.
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