2015 (1) TMI 819

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..... u/s.160A of the Income Tax Act, 1961 is filed against the judgment and order dated 12.05.2006 passed by the Income Tax Appellate Tribunal, Ahmedabad Bench 'A' in C.O. No.85/AHD/2006 in ITA No.263/AHD/2006 whereby, the Cross Objection filed by the assessee is allowed. 2. Briefly stated, the facts are that the assessee is a partnership firm engaged in printing works. The assessee filed its Return .....

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..... No.223/AHD/2006, the Tribunal dismissed all the six appeals but, allowed the cross objection filed by the assessee. Being aggrieved by the common impugned judgment and order, the present appeals have been preferred. 4. The appeal was admitted on 23.07.2007 in terms of the following substantial question of law;                 .....

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..... record with the A.O for reopening the assessment alleging that the firm was formed by splitting up of an industrial undertaking already in existence. 6. In the absence of any material on record, in our opinion, the Assessing Officer could not be justified in stating that the assessee was formed by splitting up of an industrial undertaking. In any case, having not disallowed the claim of the asses .....

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..... no fresh material on record than that was available in the original assessment. The reopening was justified by the CIT(A) on the ground that the assessee has not come forward to prove that the details regarding claim u/s.80IA were produced at the time of original assessment or that the A.O had verififed these details before completion of the said assessment and that the reopening has also not bee .....

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..... ng already in existence. In the absence of any material on record, in our opinion, the Assessing Officer could not be justified in stating that it was formed by splitting up an industrial undertaking. In any case, having not disallowed the claim of the assessee on this ground, the ground for reopening also fails on the same ground..." 7. In view of the above, the question of law as to whether the .....

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