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Commissioner of Income Tax Versus Walchand Netsoft Pvt. Ltd.

2016 (11) TMI 295 - BOMBAY HIGH COURT

Reopening of assessment - ITAT quashed reopening orders - Held that:- The Tribunal by the impugned order has rendered a finding of fact that this very issue which forms the basis of reopening notices was a subject matter of consideration during the r .....

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nge of opinion Thus, following the Apex Court decision in Commissioner of Income Tax Vs. Kelvinator of India Ltd. [2010 (1) TMI 11 - SUPREME COURT OF INDIA ] the impugned order of the Tribunal set aside the reopening notices dated 20th March, 2009 fo .....

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(supra) that reopening notices on a mere change in opinion were not sustainable. - Income Tax Appeal No. 975 , 977 of 2014 - Dated:- 25-10-2016 - M. S. Sanklecha And S. C. Gupte, JJ. Mr. Suresh Kumar a/w Ms. Samiksha Kanani for the appellant Mr. V.S. .....

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d order is a common order in respect of the Assessment Years 2002-03, 2003-04 and 2004-05. The present appeals concern itself with Assessment Years 2002-03 and 2004-05. 2. The Revenue has for the two assessment years raised an identical question of l .....

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Income Tax Vs. Kelvinator of India reported in 320 ITR 561 and holding that there was a change of opinion by the Assessing Officer ? 3. It is an undisputed position that for both the assessment years, the regular assessment was done under Section 143 .....

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on 35D of the Act. In fact, for both the assessment years, the issue of treatment of technology expenses travelled right up to the Tribunal and the disallowance of expenditure made by the Assessing Officer on the aforesaid account was set aside. 4. T .....

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ogy expenses incurred by the respondent assessee either as capital or revenue in the context of Section 35D of the Act. 5. The Tribunal by the impugned order has rendered a finding of fact that this very issue which forms the basis of reopening notic .....

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