Search Results Page

Search Results

1 - 10 of 26 (0.42 seconds)

Vivimed Labs Ltd., (Formerly Known As ... vs Acit, Circle-3(3), Hyd, Hyderabad on 3 February, 2017

to 986/Bang/2015 43 ITA Nos.738 to 741 & 983 to 986/Bang/2015 44 ITA Nos.738 to 741 & 983 to 986/Bang/2015 45 ITA Nos.738 to 741 & 983 to 986/Bang/2015 46 ITA Nos.738 to 741 & 983 to 986/Bang/2015 47 ITA Nos.738 to 741 & 983 to 986/Bang/2015 48 ITA Nos.738 to 741 & 983 to 986/Bang/2015 49 ITA Nos.738 to 741 & 983 to 986/Bang/2015 6.2.4 In the case on hand, the assessment for Assessment Year 2008- 09 has been completed as the time limit for issue of notice had expired on 31.10.2009; before the date of search on 19.7.2010. Therefore, since no assessment was pending, there was no question of abatement of assessment. Respectfully, following the decisions of the Hon'ble Karnataka High Court in the case of IBC Knowledge Park Pvt. Ltd. (supra), we hold that for Assessment Year 2008-09 no assessment had abated and therefore the assessment under Section 143(3) r.w.s. 153A of the Act could have been made based only on incriminating documents / material found and seized in the course of search. That clearly not being the factual position in the case on hand, since no incriminating material was found / seized, we are of the view and hold the order of assessment for Assessment Year 2008-09 passed under Section 143(3) r.w.s. 153A of the Act vide order dt.30.3.2013 is bad in law and accordingly cancelled.
Income Tax Appellate Tribunal - Hyderabad Cites 5 - Cited by 27 - Full Document

Commissioner Of Income Tax vs International Tractors Ltd on 28 March, 2018

The AO has erred in disallowing the claim u/s 10B amounting to Rs. 212,38,08,115/- for the reasons he has mentioned in the assessment order for the AY 2005-06 dt.11/03/2013 and AY 2006-07 dt.13.03.2013 in the case of Dinesh Kumar Singhi. Shri. Dinesh Kumar Singhi has filed his objection by filing appeal and the result of the appeal for AY 2005-06 & AY 2006-07 on this issue will be relevant. In any case the issue cannot be dealt afresh as the claim is for eigth year in respect of an undertaking on which the issue of deduction u/s10B was already resolved in favour of the assessee. The Hon'ble High Court of Karnataka in Sami Labs Ltd vs ACIT (334 ITR 157) - PB page 60 and Hon'ble Delhi HC in CIT vs International Tractors (CLPB page 206) has held that once the claim for initial year is settled the same cannot be revisited on the same set of facts and law. The CIT-A however has confirmed the action of the AO on this issue by holding as under:
Supreme Court - Daily Orders Cites 0 - Cited by 6 - Full Document
1   2 3 Next