9911796707
TMI Blog2007 (11) TMI 657X X X X Extracts X X X X X X X X Extracts X X X X ..... he facts and circumstances of the case, the Tribunal was right in dismissing the appeal following its earlier order on the issue of directions by the CIT(A) without going into the merits of the case to see if the reopening was valid, the present tax case appeal is filed. The relevant assessment year is 1998-99. 2. The assessee filed the return of income for the asst. yr. 1998-99 on 26th Oct., 199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... meanwhile, the AO, as per the direction of the CIT(A), reopened the assessment and completed the assessment. 3. Aggrieved by the said order, the assessee filed an appeal before the CIT(A). The CIT(A), following the order of the Tribunal in ITA Nos. 23 to 26/Mad/2003 dt. 26th July, 2004, cancelled the reopened assessment for the asst. yr. 1998-99 observing that the reopening of assessment under s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Krishnaswamy (HUF), to which one of us (K. Raviraja Pandian, J.) is a party, held : "7. Of course, the factual aspect stated by the learned junior Central Government standing counsel that the Karta of HUF filed the declaration under VDIS might be correct. But, the fact finding authority clearly recorded a finding that the properties, which are the subject-matter of VDIS declaration, have be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law. However, the appellate authority cannot exceed in his power while exercising jurisdiction vested by the statute. In the above said factual situation, we are of the view that there is no infirmity or irregularity in the order of the Tribunal so as to warrant entertainment of the appeals." The reasoning stated above in the cited case would apply to the case on hand on all fours. Followin ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
