2011 (7) TMI 715 - HC - Income Tax

Reopening - in the present case the reasons recorded for reopening of the assessment though repeatedly asked by the assessee were furnished only after completion of the assessment - in the case of CIT v. Fomento Resorts and Hotels Ltd., Income-tax Appeal No. 71 of 2006 decided on November 27, 2006, has held that though the reopening of the assessment is within three years from the end of the relevant assessment year, since the reasons recorded for reopening of the assessment were not furnished to the assessee till the completion of assessment, the reassessment order cannot be upheld - Appeal is dismissed

Summary

The High Court of Bombay dismissed an appeal regarding the cancellation of reopening of assessment because the reasons for reopening were not provided to the assessee until after completion of assessment, following a previous judgment in a similar case. The appeal was dismissed with no order as to costs.