The Commissioner Of Income Tax-Iv, ... vs M/S. Quality Care India Limited, ... on 13 July, 2016
iii) Similarly, in Commissioner of Income-tax-IV, Hyderabad
v. Quality Care India Ltd7 the Division Bench of A.P. High Court
was dealing with the situation where the assesse, which is a super
speciality hospital, filed returns of income under Section 143(1) of
the Act. Subsequently, there was a search and seizure operation
under Section 132. Proceedings were initiated under Section
6
[2016] 76 taxmann.com 150 (Andhra Pradesh)
7
[2016] 74 taxmann.com 45 (Andhra Pradesh)
17
153A. Meanwhile, the assessment was complete under Section
143(3) read with Section 153A. After completion of the
assessment, the Assessing Officer reopened the assessment under
Section 147 by issuing notice under Section 148. On appeal, the
Commissioner (Appeals) allowed the appeal of assessee. On
further appeal, the Tribunal rejected the revenue's appeal. The
same was challenged before the High Court. It was held that,
processing of return was done twice. No reassessment could be
initiated taking refugee under Section 147 and accordingly upheld
the finding of the Tribunal stating that the case would not fall
within the purview of the proviso to Section 147.