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2016 (7) TMI 1211 - GUJARAT HIGH COURT
Claim of deduction u/s 80IA in the reassessment u/s 153A as there was no incriminating document found during the search - The assessee contested such claim mainly on the ground that no incriminating material was found during the search which would enable the Assessing Officer to reexamine assessee's claim for deduction under section 80IA, which was part of the original assessment proceedings and such assessments had abated. The Tribunal upheld the assessee's contention referring to the decision of Bombay High Court in case of Continental Warehousing Corporation (Nhava Sheva) Ltd., [2015 (5) TMI 656 - BOMBAY HIGH COURT] - Held that:- this Court in case of Pr. Commissioner of Incometax4 v. Saumya Construction Pvt. Ltd. [2016 (7) TMI 911 - GUJARAT HIGH COURT], had also considered the similar issue.
Decision of tribunal upheld - Decided against the Revenue.