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TMI Blog2024 (8) TMI 1083X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner of Income Tax, Rajkot-1 Versus Durga Construction Company [ 2018 (5) TMI 1172 - GUJARAT HIGH COURT ] rendered in the Tax Appeal referred to herein above. The said decision is binding upon the respondent AO and therefore, the information in possession of the respondent AO cannot be said to result in escapement of the income on the same facts of the petitioner. It is pertinent to note that the petitioner has already provided all the material information during the course of the regular assessment and after considering the same, the assessment order u/s 143 (3) of the Act was passed. Thus, when the issue which is sought to be kept alive is already decided by this Court, the respondent AO cannot be said to have assumed the jurisdiction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ief facts of the case are that the petitioner which is a partnership firm is engaged in the business of hiring of Earth Moving equipment and Commercial Vehicles for providing excavators, dozor, graders, rock drill machines etc. with operators for excavation of overburden and minerals. 5.1. For the year under consideration, the assessee filed return of income on 15.09.2016 declaring total income at Rs. 18,29,24,740/- which included the depreciation on tipper at the rate of 15% amounting to Rs. 7,81,66,149/-. 5.2. The case of the petitioner was selected for scrutiny assessment and after considering the various details and evidence, the Assessing Officer completed regular assessment under Section 143 (3) of the Act on 01.12.2018 by determining ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Learned advocate Mr. Divatia for the petitioner submitted that the respondent Assessing Officer while rejecting the objections raised by the petitioner has recorded that the disallowance was made on similar issues in past and the matter was carried in appeal in this Court wherein it was held in favour of the assessee however the SLP preferred by the Department was dismissed on the ground of delay, and therefore the respondent Assessing Officer has invoked the provision of Section 148 for reopening as the Hon ble Supreme Court had not decided the case on merits. 6.1. It was further pointed out that during the course of regular assessment also, the assessee has submitted the details about the nature of business carried on by the petitioner as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uring the course of reassessment. 8. Having heard learned advocates for the respective parties and considering the facts of the case, it is not in dispute that the issue with regard to the claiming of depreciation at the rate of 30% on tippers is already decided by this Court vide Judgment and Order dated 01.05.2018 rendered in the Tax Appeal referred to herein above. The said decision is binding upon the respondent Assessing Officer and therefore, the information in possession of the respondent Assessing Officer cannot be said to result in escapement of the income on the same facts of the petitioner. It is pertinent to note that the petitioner has already provided all the material information during the course of the regular assessment and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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