Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2011 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (1) TMI 1186 - HC - Income TaxReopening of assement - reasons for reopening that the assessment was reopened in view of the decision of Hon‟ble Supreme Court in the case of Orissa State Warehousing Corporation (1999 - TMI - 5742 - SUPREME Court), wherein it was held that only the income derived from the letting-out of godowns or warehouses is exempted since according to the respondent a substantial part of business of the appellant was with regard to handling of Container Freight Stations which is a separate business, claim for exemption u/s 10 (29) of the Act was wrongly allowed - argument of the assessee that it was a case of change of opinion has not been addressed at all by the Tribunal which should have been gone into when it was so specifically raised by the assessee – Held that:- order of the Tribunal set aside and remit the case back to the Tribunal for fresh consideration limiting its discussion only on the aspect as to whether the reason given by the Assessing Officer for reopening of the reassessment was the aspect considered earlier in the original assessment proceedings and it would be a case of mere change of opinion or this aspect was not considered at all and, therefore provided proper ground for reopening the assessment, appeals stand disposed of
|