2017 (9) TMI 1593

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..... Income Tax Act, 1961 ('the Act') filed by the Revenue against the order dated 29th June, 2016 passed by the Income Tax Appellate Tribunal ('ITAT') in ITA No. 1930/Del/2015 for the Assessment Year ('AY') 2010-11. 2. While admitting this appeal on 6th February, 2017, the following question of law was framed for consideration: "Did the Income Tax Appellate Tribunal (ITAT) fall into error in holding .....

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..... the date of centralising of the assessments and the date of the final order of assessment were not clear when the matter was earlier heard along with the aforementioned batch of appeals. He states that as far as the Assessee's assessment for this year (AY 2010-11) is concerned, the time period within which the assessment had to be completed expired on 31st December, 2012. On the date of the record .....

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..... t is unable to agree with the said submission. It is plain that the amendment to section 153 C of the Act is prospective. In the present case the assessment for AY 2010-11 had abated by the time the satisfaction note was prepared by the AO of the Assessee. The said asseement could not be reopened in the absence of tangible material of incriminating nature relevant for that AY being found. This pos .....

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