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The ld. DR candidly admitted that the facts and circumstances of instant appeal are covered by such decisions in as much as the AO did not make any addition on account of reasons which led to initiation of re-assessment proceedings.

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Sec. 68 & 147 of Income Tax Act, 1961 - Reassessment - The assessee raised the additional ground in Appeal that ”since the AO has failed to make any addition on the ground on which the assessment was reopened, the impugned reassessment made by the AO on other grounds which were not the subject matter of the reasons recorded for reopening of the assessment, the impugned reassessment order is bad in law and void ab initio and being without jurisdiction the same may please be annulled“. ITAT considering the legal submission on the issue that “AO cannot proceed with re-assessment if grounds mentioned in re-assessment notice are non-existent i.e. if no addition is made on the basis of the grounds which led to the initiation of re-assessment” allowed the appeals of the assessees on the legal issue.—AMIT KANHAYALAL GIDWANI vs. ASSTT. CIT.[2020] 26 ITCD Online 042 (ITAT-PUNE)