TMI Blog2020 (11) TMI 96X X X X Extracts X X X X X X X X Extracts X X X X ..... n order. For the above reasons, we are of the considered view that the appellant should succeed in these appeals. - Writ Appeal Nos.915 & 917 of 2020 & CMP.Nos.11279, 11281, 11306 & 11307 of 2020 - - - Dated:- 9-10-2020 - Mr. Justice T.S. Sivagnanam And Mrs. Justice V. Bhavani Subbaroyan For the Appellant : Mr.Vikram Vijayaraghavan for M/s.Subbaraya Aiyer Padmanabhan For the Respondent : Mr.A.N.R.Jayapratap, SC Mr.A.P.Srinivas, SSC COMMON JUDGMENT T.S.SIVAGNANAM, J. We have elaborately heard Mr.Vikram Vijayaraghavan, learned counsel appearing on behalf of the appellant and Mr.A.N.R.Jayapratap, learned Standing Counsel and Mr.A.P.Srinivas, learned Senior Standing Counsel accepting notice for the respondent. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court in the decision in the case of Vijaya Retreaders held that retreading would not amount to manufacture or production. 6. It is further submitted that there are other decisions, which held that retreading amounted to processing and hence, would fall within the definitions of the words 'manufacture' and 'processing' as held by the Delhi High Court in the case of ACIT Vs. Kalsi Tyres [reported in (1981) 131 ITR 636]. 7. The appellant also referred to the decision of the Hon'ble Supreme Court in the case of M/s.Aspinwall Co. Ltd. Vs. CIT [reported in (2001) 251 ITR 323] wherein it was held that the process of curing of coffee was held to be a manufacture. 8. Similarly, in the decision of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o whether the petitioner was entitled to adjust the loss of the brought forward from the books of accounts of the transferor company was subject matter of discussion before the assessment orders were passed for the respective Assessment Years . 16. Reopening of the assessment to deny the adjustments made under is therefore without jurisdiction. Therefore, the proviso to Section 147 of the Income Tax Act, 1961 puts an embargo on the respondent from proceeding further as no action shall be taken under this section after the expiry of four years from the end of the relevant assessment year, unless any income chargeable to tax has escaped assessment for such assessment year by reason of the failure on the part of the assessee to make a ret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eassessment of the escaped income, he would keep on making roving enquiry and thereby including different items of income not connected or related with the reasons to believe, on the basis of which, he assumed jurisdiction. 13. The decision of the Hon'ble Supreme Court in the case of CIT Vs. Kelvinaor of India Ltd. [reported in (2010) 2 SCC 723] was noted by the learned Single Judge. 14. Thus, having held that the reassessment proceedings were without jurisdiction, no further direction could have been issued by the learned Single Judge and more particularly the directions in paragraphs 17 to 20 of the impugned common order. For the above reasons, we are of the considered view that the appellant should succeed in these appeals. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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