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THE PRINCIPAL COMMISSIONER OF INCOME-TAX-08 Versus SAMCOR GLASS LTD. And M/s SAMTEL COLOR LTD.

2015 (12) TMI 773 - DELHI HIGH COURT

Reopening of assessment - whether the reopening of the assessment under Section 147/148 is valid? - Held that:- In respect of one of the issues, viz., payment of interest on fixed deposits, the Assessees drew the attention of the Assessing Officer (" .....

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several decisions of the Supreme Court as well as this Court clearly enunciating the legal position under Section 147/148 of the Act, the reopening of assessment in cases like the one on hand give the impression that reopening of assessment is being .....

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ri, Advocate and Mr. Sanjay Kumar, Advocate, Mr. Dileep Shivpuri, Advocate and Mr. Sanjay Kumar, Advocate. ORDER CM APPL No. 22567 of 2015 (for condonation of delay) in ITA No. 768 of 2015 CM APPL No. 22568 of 2015 (for condonation of delay) in ITA N .....

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e Tax Act, 1961 ( Act‟) are directed against a common order dated 17th February 2015 passed by the Income Tax Appellate Tribunal ( ITAT‟) in ITA Nos. 4135/Del/2010 and 4134/Del/2010 for the Assessment Year ( AY‟) 2002-03. 4. Althoug .....

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s from no legal infirmity, the Court is of the view that on the face of it, the reasons for reopening of the assessment in both the cases did not satisfy the basic requirement of the law, in at least in two aspects. One was that the reopening was of .....

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there were reasons to believe that the income has escaped assessment. This Court has recently, in a decision dated 22nd September 2015 in ITA No. 356 of 2013 (CIT v. Multiplex Trading & Industrial Co. Ltd.), clearly stated in cases where reopenin .....

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. 6. Secondly, the Court finds that at least in respect of one of the issues, viz., payment of interest on fixed deposits, the Assessees drew the attention of the Assessing Officer ( AO‟) to the fact that the amount has already been offered to .....

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enunciating the legal position under Section 147/148 of the Act, the reopening of assessment in cases like the one on hand give the impression that reopening of assessment is being done mechanically and casually resulting in unnecessary harassment of .....

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