TMI Blog2016 (12) TMI 815X X X X Extracts X X X X X X X X Extracts X X X X ..... n favour of assessee - Income Tax Appeal No. 108 of 2009 - - - Dated:- 14-12-2016 - Hon'ble Bharati Sapru And Hon'ble Vinod Kumar Misra, JJ. For the Appellant : A. N. Mahajan (Income Tax),CSC For the Respondent : Shakeel Ahamad ORDER Heard Sri Shubham Agarwal, learned counsel for the department and Sri Shakeel Ahmad along with Sri Ashish Bansal for the assesee. Thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sment of the other person is perfectly accordance with law and in tune with the decision of the apex court in the case of Manish Maheshwari Vs. ACIT 289 ITR 341. (2) Whether on the facts and in the circumstance of the case, the Hon'ble Tax Appellate Tribunal was justified in law, in importing the time limit for initiating the proceedings u/s 158 BD although the statute make no such provis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he additions. Before the ITAT, the assessee contested the addition and also raised an additional ground that the very initiation of proceedings under Section 158 BD was bad in law. The ITAT allowed the additional ground relying on the decision of the Apex Court in the case of National Thermal Power Corporation Vs. CIT (1998) 229 ISTR 383. The ITAT did not go into the merits and held that the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hares, which had not been disclosed. However, the assessment order which is on record in Income Tax Appeal No. 200 of 2010, has been placed before the Court it does not record any satisfaction by the A.O. that some income was escaped or there was any reason to believe that leave was required for reopening under Section 158BD of the Income Tax Act. On the contrary the tribunal has recorded categ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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