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2016 (9) TMI 64 - CALCUTTA HIGH COURT

2016 (9) TMI 64 - CALCUTTA HIGH COURT - TMI - Disallowance made under Section 14A in the re-assessment pending - Held that:- Question is squarely answered by the proviso to section 14A which reads as follows:- - "Provided that nothing contained in this section shall empower the Assessing Officer either to reassess under section 147 or pass an order enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee under section 154, for any asses .....

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ssessee. The aggrieved revenue has come up in appeal. The question formulated on 28th January, 2010, when the appeals were admitted, reads as follows:- "Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is correct in holding that no disallowance can be made under Section 14A of the Income Tax Act, 1961, in a case where the assessment is reopened under Section 147 of the Act contrary to the decision of the Apex Court in case of Rajesh Jhaveri Stock .....

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