TMI Blog2019 (12) TMI 406X X X X Extracts X X X X X X X X Extracts X X X X ..... This Court in Commissioner of Income Tax II vs. Continental Warehousing Corporation (Nhava Sheva) Ltd. [ 2015 (5) TMI 656 - BOMBAY HIGH COURT ] and noticed that an identical issue had come up for consideration. The Division Bench had rejected the Revenue s appeals and confirmed the decision of the Special Bench of the Tribunal - It was held in the said case that such assessment cannot be reexamine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er section 153A stating that in absence of any incriminating material on issue which has already been examined and finalized in original assessment cannot be reexamined and reopened? 2. The respondent assessee is a private limited company. The appeal concerns the Assessment Year 2005 2006. The Tribunal by the impugned judgment while allowing the assessee s appeal, deleted the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .com 34(SC). 3. We have perused the judgment of this Court in Commissioner of Income Tax II vs. Continental Warehousing Corporation (Nhava Sheva) Ltd. (supra) dated 21.4.2015 and noticed that an identical issue had come up for consideration. The Division Bench had rejected the Revenue s appeals and confirmed the decision of the Special Bench of the Tribunal. Reliance is also plac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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