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2016 (11) TMI 1015 - RAJASTHAN HIGH COURT

2016 (11) TMI 1015 - RAJASTHAN HIGH COURT - TMI - Reopening of assessment - respondent has contended that AO while deciding the assessment has gone to the unamended provisions - Held that:- The AO has not applied the amended provisions and in that view of the matter, we are of the opinion that the view taken by the AO, since return was not filed under section 148 of the Income Tax Act, first question is required to be answered against assessee as the AO has not touched amended provisions and in .....

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uestions by order dated 10.02.2003: "1. Whether the findings arrived at by the respondent and the Income Tax Appellate Tribunal are without evidence and contrary to the material on record, are perverse and have vitiated the conclusion that the reassessment proceedings have been validly initiated u/s 148 of the I.T. Act. 2. Whether the learned ITAT was justified in sustaining levy of interest u/s 139(8) and 215/217 of the I.T. Act when it is a case of reassessment." 3. Counsel for the a .....

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and notice and challan. Give credit for pre paid taxes after proper verification. Charge interest as per rules. Penalty proceedings under Section 271(1)(a), 273 and 271(1)(c) have been issued separately." 5. The Income Tax Appellate Tribunal has observed as under: "The next issue is pertaining to the interest under sections 139(8) and 215/217. This is consequential. So the A.O. is directed to adjudicate this issue as per law." 6. In view of the decisions of Allahabad High Court in .....

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