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2018 (4) TMI 458 - HC - Income TaxReopening of assessment - completion of project 'Sai Swar' - assessment year - Held that:- Finding of fact by the Tribunal in its order dated 2nd August, 2013 for the Assessment Year 2009-10 has not been challenged by the Revenue. This, in spite of the fact that the Revenue has preferred an Appeal from the order of the Tribunal dated 2nd August, 2012 in respect of Assessment Year 2009-10 to this Court being Income Tax Appeal No.385 of 2014. In fact, in its above appeal, no grievance was made by the Revenue in respect of the finding of the Tribunal that project 'Sai Swar' was being completed in the Assessment Year 201011. This finding of fact by the Tribunal that the project 'Sai Swar' was completed in the Assessment Year 201011 having being accepted by the Revenue in its order for the Assessment Year 2009-10, it is not now open to challenge the finding in the earlier order by way of the present proceedings. This is a concluded issue. In view of the aforesaid finding of fact in order dated 2nd August, 2012 (accepted on the above issue by the Revenue) ,the entire basis of reasons for reopening the Assessment for Assessment Year 2008-09 falls to the ground.
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