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2010 (7) TMI 574 - HC - Income TaxReopening - Income escaping assessment - Capital or revenue income - Life time membership fees - The writ petitioner has in these writ petitions challenged the validity of the impugned notices mainly on two grounds that the assessment is already deemed to be completed and the same cannot be reassessed on the ground of escaped assessment under Section 147 of the Income Tax Act - whether the life membership fee collected is to be treated as capital or revenue is the issue pending adjudication before the appellate authority in the appeals filed in respect of the earlier assessment years and pending appeal proceedings, the assessment proceedings in respect of same disputed issue cannot be permitted to go on whether the Assessing Officer can proceed with the assessment proceedings relating to the issue in respect of serious dispute pending adjudication before the appellate authority - As rightly argued by the learned counsel for the petitioner any adjudication rendered in the appeal by the appellate authority on the same issue will have greater bearing on the present assessment proceedings for the subsequent years - Decided in the favour of the assessee by way of remand
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