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1 - 5 of 5 (0.19 seconds)Commissioner Of Income Tax vs M/S Ssa'S Emerald Meadows on 5 August, 2016
7. Considered the rival submissions and perused the material facts
on record. The issue in dispute is squarely covered by the decision of
the Hon'ble Supreme Court in the case of CIT Vs. SSA's Emerald
Meadows, [2016] 73 Taxmann.com 248 (SC) wherein the Apex Court
upheld the decision of the Hon'ble High Court, in which, the Hon'ble
High Court confirmed the order of the Tribunal and dismissed the
appeal of the revenue, who came in appeal against the order of the
Tribunal.
National Thermal Power Co. Ltd. vs Commissioner Of Income Tax on 4 December, 1996
4. As the said additional ground is a legal ground, wherein, the
facts are on record and facts do not require fresh investigation,
following the decision of Hon'ble Supreme Court in the case of
National Thermal Power Co., Limited Vs. CIT 229 ITR 383 (SC), we
admit the said additional ground of assessee.
Commissioner Of Income-Tax vs Shree Raghunath Cotton Ginning And Oil ... on 26 October, 2004
7.1 In the case under consideration, on perusal of the show cause
notice issued by the Assessing Officer u/s 274 r.w.s. 271 of the IT
Act, 1961, dated 31/12/2008, it is seen that the Assessing Officer did
not mention whether the notice is issued for concealment of income or
for furnishing of inaccurate particulars of income. Therefore, as per
the ratio laid down by the Hon'ble Supreme Court in the case of
SSA's Emerald Meadows, the notice issued by the Assessing Officer
is not valid and consequently, the order passed u/s 271(1)(c) is also
not valid. Hence, we set aside the order of the CIT(A) and quash the
order passed by the Assessing Officer u/s 271(1)(c) of the Act.
Accordingly, the appeal of the assessee is allowed.
The Income Tax Act, 1961
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