Allowing the appeal of the assessee the Tribunal held that the report of the Commission neither constituted a binding judgment nor a definitive pronouncement. It was impermissible for the Department to act exclusively on the basis of the Commission’s report. It must make its own assessment of facts before any action is initiated. There was no material or even suggestion that any income corresponding to the so-called under-invoicing of exports was in fact received by any party or by the assessee through any backdoor method.  Accordingly the initiation of reassessment proceeding itself, on the facts of this case as evidenced by the reasons recorded by the AO was unsustainable in law. Appellate Tribunal also held that period during which lockdown was in force in country due to COVID 19 pandemic was to be excluded for purpose of computing time set out for pronouncement of judgment by Tribunal i.e. within 90 days from date of hearing. ( AY. 2008–09, 2011-12)