2012 (7) TMI 796

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..... Jasani For Respondent: Mr Vimal Gupta JUDGEMENT Per: Court: 1. Rule, in all the matters. 2. The petitioners have inter-alia challenged a notice under section 148 of the Income Tax Act, 1961 and an order disposing of the petitioners' objections challenging the reassessment proceedings. The petitioners set up the container freight station (CFS) in the financial year 1998-1999 relevant to the A .....

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..... 7- 2008. 5. Mr.Dastur further submitted that unless the deductions allowed for the A.Y. 2002-2003 and 2003-2004 were withdrawn or annulled, the petitioners cannot be denied the benefit for the subsequent years. As noted earlier, the reassessment proceedings pertain only to the years 2004-2005 onwards. The assessment for the years 2002-2003 and 2003-2004 remained undisturbed albeit on account of t .....

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..... J can be withheld or discontinued provided the relief granted in the initial year of assessment is disturbed or changed on valid grounds but that in the absence thereof, the ITO cannot examine the question again and withhold the relief once granted. The Division Bench also relied upon the earlier judgment of this Court in Commissioner of Income Tax v. Paul Brothers (supra). The Division Bench set .....

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