Akash Purochem P.Ltd, Mumbai vs. ITO 10(2)(1), Mumbai
In the result, the appeal is partly allowed
ITA 504/MUM/2016[2011-12]Status: DisposedITAT Mumbai16 May 2018AY 2011-12
Bench: Shri Saktijit Dey () & Shri N.K. Pradhan () Assessment Year: 2011-12 Akash Purochem Pvt. Ltd. Income Tax Officer- 1/5, Kandhari Colony, 2Nd 10(2)(1), Aayakar Vs. Road, Chembur, Mumbai- Bhavan, M.K. Marg, 400071. Churchgate, Mumbai. Pan No. Aacca9261A Appellant Respondent Assessee By : Mr. Sanjay Parikh, Ar Revenue By : Mr. Anoop Hiwase, Dr Date Of Hearing : 09/05/2018 Date Of Pronouncement : 16/05/2018
For Appellant: Mr. Sanjay Parikh, ARFor Respondent: Mr. Anoop Hiwase, DR
Section 133(6)Section 143(1)Section 143(1)(a)Section 143(3)Section 147Section 148
…ed the relevant materials on record. In ACIT v. Rajesh Jhaveri Stock Brokers P. Ltd. 291 ITR 500 (SC), it is held that intimation u/s 143(1)(a) is not an assessment and the notice u/s 148 issued by the AO was valid. In Kone Elevator India P. Ltd. v. ITO (Mad) 340 ITR 454, CIT v. Ideal Garden Complex P. Ltd. (Mad) 340 ITR 609 and ACIT v. Maersk Global Service Centre (India) (P.) Ltd. (ITAT, Mum) 66 DTR 90, it is held that the only condition to be satisfied for re-opening the return of income processed u/s 143(1) is that the taxable income has escaped assessment and the assessee’s plea that no fresh material was be…
