COMMISSIONER OF INCOME TAX DELHI II vs. MAHINDRA FINLEASE P.LTD.
Appeals are allowed and the
ITA/981/2008HC Delhi31 Jan 2011
Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA
Section 132Section 158B
…uments of both the sides and also perused the relevant material on record. It is observed that similar issue relating to protective assessment made u/s 158BD had arisen for consideration before the Madras Bench of ITAT in the case of L. Saroja Vs. ACIT – 76 ITD 344 wherein it was held by the Tribunal that protective assessment qua the person sought to be covered u/s 158BD cannot be sustained. To the similar effect is the decision of Ahmedabad Bench of ITAT in the case of Smt. Farzana Farooq Desai Vs. DCIT – 74 TTJ 507 wherein it was held that there cannot be a protective assessment u/s 158BD. Since…