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2011 (5) TMI 830 - HC - Income TaxValidity of reopening of assessment - assessment reopened on ground of wrong claim of depreciation, wrong claim of expenses u/s 24, dis-allowance of unexplained expenditure - Tribunal accepted contention of assessee of change in opinion - Held that:- Tribunal has not gone into the claim of the parties regarding the depreciation claim and the deduction claim in the return as the same is a question of fact the matter has to be remitted to the Income-Tax Appellate Tribunal to pass fresh orders on merits and in accordance with law. Accordingly, the finding of the Tribunal that there is no ground for reopening the order of assessment is set aside and the finding of the appellate authority confirming the order of the assessing officer reopening the order was justified is restored - Decided in favor of revenue.
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