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Commissioner of Income Tax Kolkata-III Versus M/s. EIH LTD.

Reopening of assessment - Held that:- The appellant had disclosed all primary facts before the A.O. at the time of original assessment and there was no omission or failure on the part of the appellant to disclose fully and truly all material facts necessary for assessment. Therefore in view of the above the proceedings initiated under Section 147 cannot be justified and accordingly treated as invalid and void ab-initio. - Exercise under Section 148 of the I.T. Act was started after expiry of .....

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r. Siddhartha Das, Mr. A. Gupta and Mr. Ashim Chowdhury, Advs. ORDER The subject matter of challenge in these three appeals is a judgement and order dated 31st July, 2013 by which the appeals preferred by the revenue against an order passed by the CIT (A) reversing orders under Section 147 of the Income Tax Act relating to the assessment years 1999- 2000; 2001-02 and 2002-03, were upheld. Aggrieved by the order of the Tribunal the Revenue has come up in appeal. Mr. Bhowmick appeared with respect .....

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he appellant to disclose fully and truly all material facts necessary for assessment. Therefore in view of the above the proceedings initiated under Section 147 cannot be justified and accordingly treated as invalid and void ab-initio. Accordingly, grounds No.1,2 and 4 are allowed." The learned Tribunal dismissed the appeal preferred by the revenue agreeing with the views of the CIT (A). It is the aforesaid order of the Tribunal, which is under challenge in these three appeals. It is not in .....

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