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2012 (7) TMI 599 - GUJARAT HIGH COURTReopen the assessment U/S 148 - Giving benefit of MAT credit before calculation of interest u/s 234 & benefit of Netting of Interest to the assessee while calculation of deduction u/s 80HHC - Held that:- Benefit of MAT credit before calculation of interest u/s 234B and Netting of Interest was not only discussed in the original assessment, the same was concluded in favour of the petitioner for the same assessment year by virtue of a decision of the Tribunal and CIT (A)respectively - Surely, when the Tribunal had already rendered its decision on a particular issue AO could not have taken a different view, unless of course such order of the Tribunal was reversed by the High Court - as in the reasons recorded it is not even an allegation that any income chargeable to tax escaped assessment on account of failure on the part of the assessee to disclose truly and fully all material facts necessary for such assessment - in favour of assessee.
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