TMI Blog2018 (1) TMI 144X X X X Extracts X X X X X X X X Extracts X X X X ..... o have been satisfied with the submission and completed the assessment without any additions. Subsequently, there has been a change of officer who has issued the second reopening notice which has ultimately culminated in the assessment order dated 28.03.2013. Thus we find that the Tribunal has done thorough factual exercise and held that the reopening for the second time on the same issue is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1470/Mds/2016 dated 09.03.2017. 3.This appeal has been filed raising the following substantial questions of law: 1.Whether the Appellate Tribunal is correct in law in quashing the notice issued u/s.148 of the Income Tax Act, 1961 on the ground that it lacks of jurisdiction, without considering Explanation 1 and Explanation 2(c) to Section 147 of the Income Tax Act? 2.Whether the Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ckground in the matter. The assessee filed an appeal before the Tribunal against the order of the Commissioner of Income Tax (Appeals) dated 17.03.2016 for the assessment year 2005-06. This appeal was filed by the assessee challenging an order of assessment dated 28.03.2013 passed under Sections 143(3) r/w. 147 of the Income Tax Act, 1961. In fact the said assessment order is consequent upon the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the assessee's appeal in part by remanding the matter to the Assessing Officer to examine the submission of the appellant and if it is found to be factually correct, to recompute the income under Section 115JB of the Income Tax Act, 1961. As against the order of the remand, the Revenue did not prefer an appeal to the Tribunal. However, the assessee being aggrieved by the second reopening fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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