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2019 (11) TMI 813 - HC - Income TaxReopening of assessment u/s 147 - assessment on the basis of an information received from the Office of the ADIT (Inv) –II Faridabad, premised on Survey operation conducted on the assessee on 26.03.2015 - assessee during the Financial Year 2008-2009 was engaged in the sale of Aluminum Dross, which emerged during the manufacture of Aluminum alloy ingots in the guise of “Ash and Residue”, with the intention to suppress the actual value of aluminum dross and to evade payment of appropriate duty on the actual value thereof - CIT (A) noticed that the CESTAT had set aside the findings in the adjudication order–holding that the revenue had failed to bring out any corroborative evidences in the form of any cash transaction, or other evidences to support its findings confirmed by Tribunal - HELD THAT:- We answer the question framed in favour of the Revenue, and we direct that the appeal preferred by the revenue before the Tribunal is deemed as disposed of with liberty to both sides to seek revival in case need arises. We make it clear that, in case, the order, which forms the basis of issuance of the notice under Section 148, is upheld and sustained, eventually, then the Revenue shall be entitled to revive its proceedings pursuant to notice u/s 148 and the assessee shall not take up the plea of limitation. As of now, the re-assessment proceedings initiated by virtue of the notice under Section 148 do not survive due to the subsisting order of the CESTAT. We make it clear that we have not expressed any opinion with regard to any aspect on merits of the case.
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