Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2011 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (7) TMI 528 - HC - Income TaxRefund - Proviso to Section 240(a) - Held that:- As per the decision of CIT vs. Shelly Products and another[2003 (5) TMI 4 - SUPREME Court] wherein held that the proviso to Section 240 is only declaratory and the said proviso was inserted to over come the difficulty relating to the various decisions and circulars issued by the department. In the present case having regard to the order passed by the Tribunal which has been confirmed by this Court earlier it is clear that the very notice initiating the proceedings was set aside and wherefore the case would not fall within the ambit of the proviso to Section 240(a) - the substantial question of law is answered against the revenue and in favour of the assessee.
|