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Income Tax Appellate Tribunal, KOLKATA BENCH ‘SMC’, KOLKATA
Before: Shri J.Sudhakar Reddy, AM]
order : December 20, 2017 ORDER SHRI J. SUDHAKAR REDDY, AM Both these appeals of revenue are directed against the order of Ld. CIT(A) – 16, Kolkata dated 29.03.2017 for the A.Y. 2007-08 and 2008-09 respectively. As the issues are common, we hear them together and dispose of the same through this common order.
After hearing rival submissions, we find that the revenue has challenged the findings of Ld. CIT(A) that the reopening of assessment is bad in law. The assessments in this case were reopened based on information received from DCIT, Central 22, Bangalore. The Ld. CIT(A) held that the Commissioner of Central Excise, Bangalore-III vide his order 08.12.2015 dropped the proceedings against the assessee and consequently the reopening which was based on such information is bad in law.