2017 (11) TMI 76

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..... oner's success in appeal, the said provision became applicable. When the Assessing Officer, in view of such appeal, has issued a showcause notice calling upon the petitioner why the computation of income should not be done as per the MAT provision, we see no reason to interfere. It is always open for the petitioner to oppose such proposal by filing reply. - Special Civil Application No. 12775 of .....

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..... the income of the petitioner was above the threshold limit. The Court had provided as under: For various reasons, reopening of assessment cannot be permitted on such ground. Firstly, even as per the Assessing Officer, presently there is no escapement of income chargeable to tax. Secondly, and equally importantly if the assessee succeeds in appeal, by virtue of which, the normal tax computat .....

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..... ply. It was, on this background, that the said show-cause notice came to be issued. 3. As noted, in our order dated 18.07.2016, while setting aside the notice for reopening, this Court had made certain observations with respect to computing the petitioner's income as per the MAT provision, in case, by virtue of petitioner's success in appeal, the said provision became applicable. When t .....

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