9911796707
TMI Blog2020 (4) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... r 2009-10 and hence, in accordance with the decision ofPARVEEN KUMARI VERSUS COMMISSIONER OF INCOME-TAX AND ANOTHER [ 1998 (12) TMI 72 - PUNJAB AND HARYANA HIGH COURT] and relied upon by the Ld. A.R., no re-assessment could be directed under Section 150(1) of the Act. Therefore, the directions issued by the learned CIT(A) is not in accordance with law. Hence, we quash the direction issued by the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... condone the delay. 3. The assessee, M/s.Altec Fabricators, is a firm engaged in the business of Fabrication of works and filed its return of income for the impugned assessment year on 15.10.2010 declaring a total loss of ₹. 53,56,131/- and the assessment was made under Section 143(3) of the Act determining the loss at ₹. 25,33,175/- on 30.11.2012. Its assessment for the assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was submitted by the Ld. A.R. that the assessment order for the impugned assessment year 2010-11, which was a subject matter of appeal before the learned CIT(A), was passed on 28.12.2016. While passing the First Appellate order, the learned CIT(A) in terms of section 150(1) of the Act directed the Assessing Officer to reopen the assessment for assessment year 2009-10, which is against the law for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s regard, the Ld. A.R. invited our attention to the relevant judgment portion of the Hon ble Punbaj Haryana High Court in the case of Parveen Kumari Vs. C.I.T reported in (1999) 237 ITR 339 (P H) dated 01.12.1998 wherein it is held that If the action for assessment or re-assessment cannot be initiated for an assessment year on the date of the order, which was a subject-matter of appeal, referenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce with the decision of the Hon ble Punjab Haryana High Court referred to supra and relied upon by the Ld. A.R., no re-assessment could be directed under Section 150(1) of the Act. Therefore, the directions issued by the learned CIT(A) is not in accordance with law. Hence, we quash the direction issued by the learned CIT(A) for reopening the assessment for the assessment year 2009-10, which was ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
