Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2016 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (5) TMI 1267 - HC - Income TaxReopening of assessment - claim of deduction under Section 36(1)(viia) - Held that:- On being satisfied with the basis of the petitioner's claim for deduction under Section 36(1)(viia) of the Act, the Assessing Officer passed orders dated 29th January, 2013 for Assessment Year 201011 and 12th March, 2014 for Assessment Year 201112. On the date when the Assessing Officer passed the orders under Section 143(3) of the Act, the decision of the Apex Court in Catholic Syrian Bank Ltd. (2012 (2) TMI 262 - SUPREME COURT OF INDIA ) was very much available. Thus, prima facie, the Assessing Officer would have formed a necessary opinion taking a view that the decision of the Apex Court in Catholic Syrian Bank Ltd. (supra) would not militate against the view canvassed by the respondent assessee and allow the claim of the petitioner for deduction under Section 36(1)(viia) of the Act. In the above view, prima facie, this is a case of change of opinion. Consequently, without jurisdiction.
|