2024 (10) TMI 1285

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....The application stands disposed of. CM APPL. 60640/2024 (condonation of delay in re-filing) 3. For the reasons stated in the application, the delay in re-filing the appeal stands condoned. 4. The application stands disposed of. ITA 524/2024 5. The Revenue has filed the present appeal under Section 260A of the Income Tax Act, 1961 (hereafter the Act) impugning an order dated 22.01.2024 passed by the learned Income Tax Appellate Tribunal (hereafter the learned ITAT) in ITA No. 80/Del/2022 captioned The Dy. CIT Central Circle-06, New Delhi v. M/s Naveen Infradevelopers & Engineers Pvt. Limited. 6. The Revenue had preferred the said appeal [ITA No. 80/Del/2022] against an order dated 28.06.2021 passed by the Commissioner of In....

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....e CIT(A) reasoned that in the event no addition was made on account of the grounds as stated for re-opening the assessment, no further addition could be made. 11. Aggrieved by the said decision, the Revenue had preferred the appeal before the learned ITAT. Its grievance, as noted by the learned ITAT in the impugned order, is reproduced below: "1. On the facts and in the circumstances of the case, the CIT(A) has erred in deleting the addition of Rs. 65,40,00,000/- u/s 68 of the Act on concluding that when on the ground on which reopening of assessment was based, no additions are made by the Assessing Officer in the order of assessment, he cannot make additions on same other grounds which did not form part of the reasons recorded ....