2021 (11) TMI 215

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....999-2000. "3. The learned CIT(Appeals) ought to have annulled the assessment as the reasons recorded for reopening of the assessment were mainly from the unsustainable order of DIT(Exemptions) and had no rational connection with or relevant for the formation of the belief with the income escaping assessment. 4. The learned CIT(Appeals) should have appreciated that the Assessing Officer has not independently and objectively applied his mind while recording the reasons for reopening, but took into account extraneous and irrelevant considerations. 5. The learned CIT(Appeals) ought to have appreciated that there being negative income even after making unsustainable additions, there was no tax liability, and hence no income escaping assess....

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....e annulled the assessment as the reasons recorded for reopening of the assessment were mainly from the unsustainable order of DIT(Exemptions) and had no rational connection with or relevant for the formation of the belief with the income escaping assessment. 8. The learned CIT(Appeals) should have appreciated that the Assessing Officer has not independently and objectively applied his mind while recording the reasons for reopening, but took into account extraneous and irrelevant considerations. 9. The learned CIT(Appeals) ought to have appreciated that there being negative income even after making unsustainable additions, there was no tax liability, and hence no income escaping assessment. 10. The learned CIT(Appeals) erred in observi....