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The Commissioner of Income Tax, Chennai Versus M/s. Chennai Garments

2015 (8) TMI 852 - MADRAS HIGH COURT

Reopening of assessment - Deduction under Section 80 HHC reduced - Held that:- Escaped assessment can always form the basis for re-opening of assessment. Department, on the question of law, pure and simple, may be correct in his submissions that unde .....

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essment is a most fundamental question to be answered.

It is well settled that merely because another Assessing Officer finds some thing wrong with the order of assessment passed by the previous one, assessment cannot be re-opened. The pro .....

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ult with the previous one. Hence, we do not find any justification to entertain the appeal. Therefore, it is dismissed. - Decided in favour of assessee. - Tax Case (Appeal) No. 547 of 2015 - Dated:- 3-8-2015 - V. Ramasubramanian And T. Mathivanan, JJ .....

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Heard Mr.T.Ravikumar, learned counsel for the appellant. 3. The respondent assessee filed a return of income on 27.10.2004 for the assessment year 2004-05, on a gross total income of ₹ 2,47,37,757/-. He claimed a deduction of ₹ 71,64,030 .....

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re-opened and a notice under Section 148 was issued. Thereafter, a revised assessment order was passed on 29.12.2009, reducing the deduction allowable under Section 80 HHC from ₹ 68,58,976/- to ₹ 60,10,271/-. 5. The assessee filed an appe .....

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rder dated 27.01.2012 allowed the appeal. Therefore, the department is before us. 7. A bare perusal of the order of assessment passed on 29.12.2009 would show that what the Assessment Officer had chosen to do it only to re-open the assessment, on a c .....

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Assessee claimed a deduction u/s 80 HHC for ₹ 71,64,030/-. In the year assessee earned income by way of quota sale ₹ 19,35,093/- and included that amount to the export turnover for the purpose of computation of deduction u/s 80 HHC. In th .....

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rs that the workings of 80HHC as made in the assessment order were not correct and assessee was allowed excess deduction u/s 80HHC....." 8. It is true that an income that escaped assessment can always form the basis for re-opening of assessment. .....

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