Principal Commissioner Of Income Tax vs Oberoi Hotels Pvt. Ltd on 22 June, 2018
In the judgment and order of the Appellate Tribunal
impugned herein dated May 14, 2015, the Tribunal noticed a judgment of this
Court of April, 8, 2014 rendered in ITAT 149 of 2013 (Commissioner of Income
Tax v. Humboldt Wedag India Pvt. Ltd.) where this Court had expressed an
opinion that when an order of assessment was passed in course of reassessment
under Section 143(3) of Act, "The omission could have been a reason for setting
aside the order of assessment, but that could not have been a reason, in the facts
and circumstances of this case, for nullifying the exercise under section 147 of
the Income Tax Act."