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ITA No.592/Del/2021
AY: 2016-17
laid down by the co-ordinate Benches in these decisions, violation of
norms of limited scrutiny in terms with the CBDT instructions and
conversion to complete scrutiny without seeking prior approval would
render the assessment order not only without jurisdiction but a nullity
in the eyes of law. This is so because, as per section 119 of the Act
CBDT instructions/circulars are binding on Assessing Officer. That
being the legal position enunciated in the decisions cited before us,
the impugned assessment order has to be declared as wholly without
jurisdiction, hence, null and void. That being the case, the assessment
order deserves to be quashed. Accordingly, we do so. Consequently,
the impugned order of learned Commissioner (Appeals) is hereby set
aside. Since, while deciding the additional ground raised by the
assessee, we have quashed the assessment order, the other grounds
raised by the assessee having become infructuous, do not require
adjudication at this stage.