2017 (12) TMI 1634 - HC - Income Tax

Reopening of assessment - absence of fresh tangible material - Held that - Appellate Commissioner had set aside the reassessment. The assessee had appealed against the reassessment made primarily on the basis of incorrect TDS claim but, in the opinion of the AO, could not have been made. CIT(A) and the ITAT have concurrently ruled that the reassessment notice, in the absence of fresh tangible material, was not error in law. We see nothing wrong in the impugned order which is consistently enunciated by the Supreme Court on the issue. No substantial question of law arises.

Summary

The High Court dismissed the Revenue's appeal under Section 260A of the Income Tax Act, 1961, as the reassessment notice was not an error in law according to the Appellate Commissioner and the ITAT. No substantial question of law arose in the case.