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Documents citing M/S. P.B. Systems (India) Pvt. Ltd., ... vs Dcit, Chennai on 28 February, 2018

Chandanmalnagaraj, Chennai vs Acit Non Corporate Circle 4(1), Chennai on 13 March, 2019

11. We further find that the Hon'ble High Court of B India Ltd. Vs. DCIT (2017) 85 taxmann.com 155 (Del) :- 20 -: IT(TP)A No.80 /2018 has laid down that even in remand proceedings the Assessing Officer cannot straightaway pass final assessment order without issuing draft assessment order under section 144C of the Act. The Hon'ble High Court did not accept the stand of Revenue that it was an irregularity which was curable under section 292B of the Act. Relying on earlier decision of the said High Court, it was observed that section 292B of the Act could not save an order not passed in accordance with the provisions of the Act, where the issue involved was not about the mistake in the said order but the power of Assessing Officer to pass the order. Further, reference was made to the decision of said High Court itself in Turner International India (P.)
Income Tax Appellate Tribunal - Chennai Cites 39 - Cited by 0 - Full Document

A.Srinivasan, Erode vs Assessee

No doubt, it was held by the Hon'ble Mumbai High Court in Asteroids Trading & Inv. P.Ltd. (supra) that a different view on same set of facts with no new material would not be sufficient reason for reopening. This view was also taken by Hon'ble Delhi High Court in the cases of Satnam Overseas Ltd. and Legato Systems (India) P. Ltd. (supra). But in our opinion these decisions will not help the assessee. In the first place, here there was misrepresentation by the assessee in its returns filed and in the second place there was no application of mind by the A.O on the claim made by the assessee. On the other hand, as aforesaid, subsequent material was available with the A.O to show that income might have escaped assessment.
Income Tax Appellate Tribunal - Chennai Cites 9 - Cited by 0 - Full Document
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