The Commissioner of v. M/S.Indian Cement Ltd.
Case brief
What is this about?
The High Court of Madras dismissed the Revenue's appeal under Section 260-A. The Court held that the assessee could argue the validity of the reopening under Rule 27 despite not filing a separate appeal. It set aside the reassessment as a case of change of opinion lacking tangible material behind the belief.
What did the court decide?
The appeal filed by the Revenue is dismissed and the re-assessment order dated 31.3.2004 is set aside.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : Pronounced on : 11.07.2019 05.08.2019
CORAM :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
Tax Case Appeal No.117 of 2009
The Commissioner of Income Tax,
Chennai.
.. Appellant Vs.
M/s.India Cements Ltd., Chennai – 9. .. Respondent
Prayer :
Tax Case Appeal filed under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal Madras 'C' Bench, Chennai dated 30.05.2008 in I.T.A.No.582/Mds/ 2005 for the Assessment Year 1996-97. against the Order of Commissioner of Income Tax (Appeals)-XI, 121 Mahatma Gandhi Salai, Chennai-34, made in ITA.No.Tr.No.215/ITA.NO.242/04-05 date 30.12.2004 for the Assessment year 1996-97.
Issues for consideration
3 issues framed by the court
Whether an assessee is entitled to agitate the issue of the validity of a reopening of assessment under Rule 27 of the Income Tax Tribunal Rules when the CIT(A) did not decide that issue, without fili
Whether the reopening of an assessment beyond the time-bar period under Section 147 of the Income Tax Act was valid on account of change of opinion without any failure to disclose material facts?
Whether the Income Tax Appellate Tribunal was justified in adjudicating the validity of the reopening of assessment when the lower appellate authority had not decided it?
Parties & counsel
- appellant
The Commissioner of Income Tax, Chennai
- respondent
M/s. India Cements Ltd., Chennai
Coram
T.S. Sivagnanam
Case details
As recorded by the court registry
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