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2015 (8) TMI 852 - MADRAS HIGH COURT

2015 (8) TMI 852 - MADRAS HIGH COURT - TMI - 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 under clause (c)(iv) under Explanation II to Section 147, computation of any allowance in excess of the permissible limits, can be ordered as a case where income chargeable to tax had escaped assessment. But, .....

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exercised merely because one officer finds fault 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. For the Appellant : Mr T Ravikumar For the Respondent : None ORDER (Judgment of the Court was delivered by V. Ramasubramanian,J.) The Commissioner of Income Tax has come up with the above appeal under Se .....

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7; 68,58,976/-. Subsequently, the return was 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 appeal before the Commissioner of Income Tax (Appeals)-VIII. The appeal was rejected by the Commissioner by an order dated 30.07.2010. 6. The assessee filed an appeal in I.T.A.No.1807/Mds/10 before the Income .....

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