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
…TD 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 no contrary decision of Tribunal or any High Court on this issue has been brought to our notice by the learned DR, we respectfully follow the aforesaid decisions of the Tribunal in the case of L. Saroja (supra) and Smt. Farzana Farooq Desai (supra) and uphold…