Metropolitan Stock Exchange Of India ... vs Principal Commissioner Of Income Tax - ... on 22 October, 2018
13. Per contra, the ld. Departmental Representative submitted that the original
assessment u/s. 143(3) in this case was done on 17.1.2013 and the special audit was done
on 23.09.2014. That the items upon which the ld. CIT has exercised his jurisdiction u/s.
263 were not part of the original assessment. He submitted that even the issue of legal
and professional fee was not logically dealt with. He submitted that all the issues
submitted by the ld. Counsel of the assessee have been duly dealt with by the ld. CIT.
The ld. Counsel of the assessee further placed reliance upon the decision of Hon'ble
Apex Court in the case of Amitabh Bachchan 389 ITR 200 (SC), and the Hon'ble Apex
Court in the case of Deniel Merchants P. Ltd. & Anr. Vs. ITO (in Special Leave to
Appeal (C) Nos.23976/2017) and Kolkata Tribunal decision in the case of Rising Tracom
Pvt. Ltd. & Ors. Vs. CIT (2015) 45 CCH 201 Kol/Trib vide order dated 3.11.2015.