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2015 (10) TMI 1468 - AT - Income TaxValidity of reopening of assessment - Held that:- Now the settled position of law is that once the Assessing Officer is failed to make an addition on an issue on which assessment was reopened, he cannot assess or reassess other income which escaped assessment and came to his notice during the course of hearing. In the instant case, undisputedly no income was assessed on the capital gain which was considered to be escaped assessment while reopening the assessment. Therefore, addition made on other issues on which assessment was not reopened is not sustainable in the eyes of law. Accordingly we set aside the order of the ld. CIT(A) and delete the additions made on other issues. - Decided in favour of assessee.
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