TMI Blog2007 (6) TMI 246X X X X Extracts X X X X X X X X Extracts X X X X ..... Court in the case of Lucky Minmat (P) Ltd. vs. CIT (2000) 162 CTR (SC) 404 : (2000) 245 ITR 830 (SC). 3. Briefly stated, the facts of the case, as gathered from the assessment order are that the return was filed by the assessee, which was processed under s. 143(1)(a) thereby allowing deduction under s. 80-IA. The AO observed that the assessee was engaged inter alia in the business of cutting marble blocks into slabs/tiles and sale thereof, hence deduction under s. 80-IA was not available in view of the judgment of the Hon'ble Supreme Court in the case of Lucky Minmat (P) Ltd. Notice under s. 148 was issued. Thereafter, he finalized assessment by withdrawing claim of deduction under s. 80-IA amounting to Rs. 21,64,869. The learned CIT(A) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reassessment proceedings as the same accorded with the view taken by the Hon'ble Supreme Court. He relied on the judgment of the Hon'ble jurisdictional High Court in the case of Chandi Ram vs. ITO (1996) 131 CTR (Raj) 256 : (1997) 225 ITR 611 (Raj) in which it was held that the decision of the Hon'ble Supreme Court even if pronounced subsequent to reopening would amount to 'information' for the purposes of s. 147(b) of the Act. He, therefore, defended the impugned order. 5. We have heard the rival submissions and perused the evidence available on record. The undisputed fact is that the only basis with the AO for initiating the reassessment proceedings was the decision of the Hon'ble Supreme Court in the case of Lucky Minmat (P) Ltd. which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee, which fact has not been controverted by the Departmental Representative. The decision in Chandi Ram relied upon by the learned Departmental Representative does not advance his point any further. In this case, it was held that the decision of the Hon'ble Supreme Court, even if pronounced subsequent to reopening would amount to 'information' for s. 147(b). There is no such subsequent decision of the Hon'ble apex Court, which can be applied. Here is a case in which the subsequent judgment of the Hon'ble jurisdictional High Court has invalidated the action of the AO in the reopening of the instant assessment. If the contention of the learned Departmental Representative for sustaining the validity of initiation of reassessment is upheld, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n put forth by the learned Authorised Representative that it is a legal ground and should be admitted is not sustainable. His reliance on the Hon'ble Supreme Court decision in the case of National Thermal Power Co. Ltd. vs. CIT (1999) 157 CTR (SC) 249 : (1998) 229 ITR 383 (SC) is misconceived on the ground that the Hon'ble Supreme Court in that case directed the admission of additional ground, which was a purely legal one. It was held that the Tribunal cannot decline such additional ground which involves a question of law that "arises from the facts as found by the authorities below" and having tax bearing on liability on the assessee. Per contra, the facts of this additional ground did not ever become the matter of such consideration by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... greement that the facts and circumstances of these years are similar to those of asst. yr. 1997-98. Following the view taken above, we quash the notice under s. 148. 12. The additional ground raised by the assessee, on the same set of facts and circumstances, is also not admitted. 13. In the result the appeals for the three years are also disposed of in above terms. Asst. yr. 2000-01 14. In this year also the assessee filed return which was processed under s. 143(1)(a) and no assessment under s. 143(3) was made. Thereafter the AO issued notice under s. 148 on two grounds viz., first being applicability of the decision of Lucky Minmat (P) Ltd. and his opinion about the non-availability of deduction under s. 80-IA and second about the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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