THE COMMISSIONER OF INCOME TAX vs. JAGSON INTERNATIONAL LTD.

IN THE HIGH COURT OF DELHI AT NEW DELHI . 22.12.2009 3# .

Present: Mr. Sanjeev Sabharwal for the appellant. . . + ITA No. 1379/2009 (Common Order) ITA No. 1410/2009 and CM No. 18371/2009 Re-assessment proceedings were initiated by the Revenue, inter alia, stating that income had escaped assessment in respect of so many items.

Additions were made on account of as many as six heads, which are taken note of by the Tribunal in the impugned order. Insofar as additions at (a) to (c) are concerned, on these very grounds the Revenue had earlier filed ITA Nos. 57 and 341/2009, which have since been dismissed. Qua additions at (e) are concerned, the Tribunal has stated that there is a subsequent amendment to Section 14(a) by the Finance Act, 2002 vide which proviso to the said section is added as per which the Assessing Officer is debarred from re-assessing the income under Section 147 of the Income Tax Act, 1961 qua this head. Insofar as addition at (f) is concerned, the ITAT has stated that a perusal of schedule of depreciation clearly shows that the rate of depreciation, as provided in the Schedule for Port Infrastructure Unit is 25% and, therefore, there was no case for reopening.

In these circumstances, we issue notice only qua addition as per clause (d), returnable on 11th May 2010. . A.K. SIKRI, J. . J.R. MIDHA, J.

December 22, 2009 nsk . . 36 .