9911796707
TMI Blog2014 (7) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... JUDGEMENT:- 1. This is a revenue's appeal challenging the order passed by the Income Tax Appellate Tribunal, Mumbai, in Income Tax Appeal No.3449/Mum/2009. The assessment year in question is 2001-2002. The Tribunal by its order dated 6th April, 2011, set aside the order of the Commissioner of Income Tax (Appeals), Mumbai, dated 30th March, 2009 passed under section 263 of the Income Tax Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... easons recorded under sub section (2) of section 148, then, the view taken by the Tribunal cannot be sustained. In the present case, going by the dates mentioned in the chart referred in the Tribunal's order, the reasons are recorded for reopening stated the two adjustments. They are in the notice issued on 9th June, 2005. Therefore, the Assessing Officer could have included the same in the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmissioner of Income Tax on going through the order dated 29th November, 2006 noticed that while completing the reassessment, the Assessing Officer had failed to make necessary disallowance in terms of clause (f) of explanation (1) to section 115JB of the I. T. Act in respect of the dividend income claimed as exempt under section 10 of the I.T. Act and which resulted in under assessment of book pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 263 would commence from the date of original assessment which is on 22nd March, 2004 . The order of the Commissioner of Income Tax under section 263 of I.T. Act, is dated 30th March, 2009. It is in these circumstances, that we are of the opinion that the finding of fact recorded by the Tribunal on the point of the limitation, cannot be said to be vitiated by an error of law apparent on the fac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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