Bombay High Court
Pr. Commissioner Of Income Tax, ... vs M/S Reynold Shirting Ltd on 20 August, 2019
Author: Nitin Jamdar
Bench: M.S.Sanklecha, Nitin Jamdar
itxa-830-2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 830 OF 2017
Pr. Commissioner of Income Tax,
Central-3 .. Appellant.
v/s.
M/s. Reynold Shirting Ltd., .. Respondent.
Mr. A. R. Kotangle with Ms. Dhruti Kapadia and Mr. Prabhakar Ranshur,
for the Appellant.
CORAM: M.S.SANKLECHA &
NITIN JAMDAR, JJ.
DATE : 20th AUGUST, 2019. P.C:-
This Appeal under Section 260-A of the Income Tax Act, 1961 (the Act), challenges the order dated 28 th June, 2016 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order dated 28th June, 2016 is in respect of Assessment Year 2008-09.
2 Revenue urges the following question of law, for our consideration:
" Whether on the facts and in the circumstance of the case and in law, the Tribunal was right in holding that in the cases where total income has already been assessed, the assessment u/s. 153C of the Income Tax Act, 1961 would be made only on the basis of incriminating material found during the course of search without appreciating provisions of section 153C which empower Assessing Officer to assess or reassess the total income of six years immediately preceding to the year of search?"
S.R.JOSHI 1 of 2
::: Uploaded on - 21/08/2019 ::: Downloaded on - 22/08/2019 00:22:23 :::
itxa-830-2017
3 The impugned order of the Tribunal allowed the Respondent-
Assessee's appeal on the above issue by following the decision of this Court in Allcargo Global Logistics Ltd., v/s. CIT 374 ITR 645.
4 In view of the fact that the impugned order of the Tribunal has followed the binding decision of this Court, no substantial question of law arises from the impugned order. Thus, not entertained.
5 Accordingly, Appeal dismissed.
(NITIN JAMDAR,J.) (M.S.SANKLECHA,J.)
S.R.JOSHI 2 of 2
::: Uploaded on - 21/08/2019 ::: Downloaded on - 22/08/2019 00:22:23 :::