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2 results for “reassessment”+ Business Incomeclear

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Key Topics

Section 153A3Section 403Section 260A2Section 682Addition to Income2

PRINCIPAL COMMISSIONER OF INCOME TAX, JORHAT vs. M/S. SHYAMA POWER INDIA LTD.,

ITA/10/2019HC Gauhati01 Aug 2023

Bench: Honourable The Chief Justice Honourable Mrs. Justice Susmita Phukan Khaund Judgment Date : 02-08-2023 (S.P. Khaund, J) 1. Heard Mr. S. Chetia, Learned Senior Standing Counsel, Income Tax Department & Mr. G.N. Sahewalla, Learned Senior Counsel For The Respondent Assisted By Learned Counsel Mr. M. Sahewalla. 2. This Is An Appeal U/S 260A Of Income Tax Act, 1961 (The I.T. Act For Short) Against The Order Dated 14.11.2018 Passed By The Income Tax Appellate Tribunal ‘E’ Court

For Respondent: MR G N SAHEWALLA
Section 132Section 143Section 143(2)Section 153ASection 194CSection 2(22)(e)Section 260ASection 40

business and the results were duly declared while filing the I.T. Returns, Balance Sheet, Audit Reports etc. since 2007- 08 upto 2013-14. 6. It is submitted that the power to be exercised u/s 153A is carried out only if any incriminating material is found during search. If no such incriminating material is found in relation to the period referred

THE COMMISSIONER OF INCOME TAX AND ANR vs. M/S GOLDSTONE CEMENTS LTD.

ITA/10/2022HC Gauhati28 Sept 2023

Bench: HONOURABLE THE CHIEF JUSTICE,HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

Section 153ASection 260ASection 68

reassessment order; then the AO cannot legally proceed further with the assessment/reassessment and/or make any other items of additions/disallowances, because the jurisdictional fact on the strength of which he assumed section 153A jurisdiction is absent or not in existence. In the light of the aforesaid discussion, and in our considered opinion, this alternate plea of Shri Dudhwewala is well founded