9911796707
TMI Blog2017 (1) TMI 1689X X X X Extracts X X X X X X X X Extracts X X X X ..... been stayed by the Tribunal, the Assessing Officer could not rely upon an Assessment Order for Assessment Year 2005-06 which on the issues involved is admittedly set aside. We find that the issue arising for our consideration as raised by the Revenue stands concluded against the Revenue by the decision of this Court in German Remedies Ltd. v. Dy. CIT [ 2005 (10) TMI 65 - BOMBAY HIGH COURT] wherein AO had issued a notice dated 18th February, 2005, seeking to re-open the Assessment for Assessment Year 1999-2000. This re-opening notice was based upon the Assessment Order for Assessment Year 1996-97 with regard to processing charges. Tribunal had by order dated 1st September, 2004 had set aside the issue of processing charges as reflected in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w, the Tribunal has erred in quashing the proceedings u/s. 148 on the basis that the order of the CIT (A) in earlier year is binding on the AO for later year for purpose of reopening u/s. 147?" 3. The Respondent-Assessee filed a return of income on 29th October, 2007, declaring a total income of ₹ 10.99 Crores. The return of income was processed under Section 143(1) of the Act. Thereafter, on 9th March, 2009, a notice under Section 148 of the Act was issued, seeking to re-open the Assessment for the Assessment Year 2006-07. The reasons recorded in support of the notice for re-opening dated 9th March, 2009 is entirely based upon the order of assessment for Assessment Year 2005-06, holding offshore services contract, is in the nature o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the re-opening notice was recorded, was not the Assessment Order for Assessment Year 2005-06, the position would have been different. However, in this case, the reasons as recorded for reasonable belief, is only the Assessment Order for Assessment Year 2005-06 and this order had on the issues of re-opening of notice been set aside by the CIT (A) on the date of the issue of the re-opening notice. This order of the CIT (A) not having been stayed by the Tribunal, the Assessing Officer could not rely upon an Assessment Order for Assessment Year 2005-06 which on the issues involved is admittedly set aside. 8. We find that the issue arising for our consideration as raised by the Revenue stands concluded against the Revenue by the decision of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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