Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2018 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (6) TMI 1124 - HC - Income TaxReopening of assessment - first appellate authority directed reduction of 90% of only net processing charges to the total turnover - Held that:- The cross-objection was allowed granting the relief by setting aside the orders of the lower authorities finding that re-assessment could not be taken up under Section 147. Hence as of now there is no appeal from the order which interfered with assessment and the first appellate order, on grounds of invalidity of a re-assessment under Section 147. The returns originally filed was in accordance with the declaration of law of this Court in CIT v. K.Rajendranathan Nair, [2003 (2) TMI 15 - KERALA HIGH COURT]. The said decision was reversed by the Honourable Supreme Court in CIT v. K.Ravindranathan Nair, [2007 (11) TMI 10 - SUPREME COURT OF INDIA]. There could hence be no suppression found as held by the Honourable Supreme Court in Deputy Commissioner of Income Tax v. Simplex Concrete Piles (India) Ltd., (2012 (9) TMI 516 - SUPREME COURT). In such circumstances, we refuse to answer the questions of law, especially on the ground that there is no appeal filed from the order which allowed the cross-objection of the assessee. - Appeal dismissed.
|