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2019 (12) TMI 406 - HC - Income TaxReopening of assessment in exercise of powers u/s 153A - Tribunal quashing the order u/s 153A stating that in absence of any incriminating material on issue which has already been examined and finalized in original assessment cannot be reexamined and reopened - HELD THAT:- This Court in Commissioner of Income Tax II vs. Continental Warehousing Corporation (Nhava Sheva) Ltd. [2015 (5) TMI 656 - BOMBAY HIGH COURT] and noticed that an identical issue had come up for consideration. The Division Bench had rejected the Revenue’s appeals and confirmed the decision of the Special Bench of the Tribunal - It was held in the said case that such assessment cannot be reexamined or reopened in exercise of powers under section 153A of the Act. Appeal dismissed.
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