2019 (12) TMI 406

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..... ncriminating material on issue which has already been examined and finalized in original assessment cannot be reexamined and reopened - HELD THAT:- This Court in Commissioner of Income Tax II vs. Continental Warehousing Corporation (Nhava Sheva) Ltd. [ 2015 (5) TMI 656 - BOMBAY HIGH COURT ] and noticed that an identical issue had come up for consideration. The Division Bench had rejected the Reven .....

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..... aterial on issue which has already been examined and finalized in original assessment cannot be reexamined and reopened? 2. The respondent assessee is a private limited company. The appeal concerns the Assessment Year 2005 2006. The Tribunal by the impugned judgment while allowing the assessee s appeal, deleted the assessment made under section 153A of the Income Tax Act, 1961 (for short, the Act .....

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..... Tax II vs. Continental Warehousing Corporation (Nhava Sheva) Ltd. (supra) dated 21.4.2015 and noticed that an identical issue had come up for consideration. The Division Bench had rejected the Revenue s appeals and confirmed the decision of the Special Bench of the Tribunal. Reliance is also placed on the decision of the Delhi High Court in the case of Commissioner of Income Tax vs. Anil Kumar Bha .....

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