TMI Blog2016 (7) TMI 850X X X X Extracts X X X X X X X X Extracts X X X X ..... 47 and 149 of the Act in 1989. Placing reliance upon the Circular No.549 dated 31st October, 1989 it had held that though the new provisions of Section 147 and 149 of the Act were introduced w.e.f. 1st April, 1989, they would have retrospective effect and govern a notice issued post 1st April, 1989 for reopening the assessment for a period prior to 1st April, 1989. Besides, on facts (similar to the present facts) it found that even under the unamended provisions, the notice for reopening is without jurisdiction. Also see Simplex Concrete Piles (India) Ltd [2012 (9) TMI 516 - SUPREME COURT ] - Decided in favour of assessee. - Writ Petition No. 1886 of 1996 - - - Dated:- 14-7-2016 - M. S. Sanklecha And A. K. Menon, JJ. Ms. Aarti Viss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessing Officer to treat the respondent assessee as an Industrial Company and allow the benefit after due verification of the claim. The aforesaid order dated 14th September, 1989 of the CIT(A) was accepted by the Revenue. 4. Thereafter, in 1993 the Apex Court in the case of Commissioner of Income Tax Vs. N.C. Bhudhiraja 204 ITR 142 held that the benefit of investment allowance would not be available in case of construction companies undertaking irrigation projects etc. Consequent to the aforesaid decision of the Apex Court in N.C. Bhudhiraja (supra), the impugned Notice was issued to the petitioner as is evident from the reasons recorded in support of the impugned notice, which read as under : The Supreme Court in the case of N. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... late upon this submission for it is an admitted position between the parties that the decision of the Apex Court in Deputy Commissioner of Income Tax Vs. Simplex Concrete Piles (India) Ltd. 358 ITR 129 would cover the issue herein in favour of the petitioner. 7. The decision of the Apex Court in Simplex Concrete Piles (India) Ltd. (supra) upheld the Calcutta High Court decision in Simplex Concrete Piles (India) Ltd. Vs. Deputy Commissioner of Income Tax Ors. 262 ITR 605. The facts in Simplex Concrete Piles (India) Ltd. (supra) were identical to facts herein. The assessee therein had inter alia claimed the benefit of Section 32A of the Act during the Assessment Years 1984-85 to 1989-90. The same was granted. Thereafter, consequent to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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