2013 (12) TMI 426

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....led against the common order dated 31.10.2011 passed by the Income Tax Appellate Tribunal, Bench at Indore (for short, the Tribunal) in Income Tax Appeal No.391/Ind/2007, Income Tax Appeal No.338/Ind/2007 and Income Tax Appeal No.294/Ind/2006. Challenging the assessment order passed under Section 147 read with Section 143 (3) of the Act, which was affirmed by the Commissioner of Income Tax (Appeal) vide order dated 30.03.2007, the respondent / assessee filed the aforesaid appeals before the Tribunal. The grievance of the assessee was that the initiation of the proceedings under Section 147 of the Act and the consequent assessment order is bad in law. According to the assessee, the entire issue was earlier dealt with by the CIT (A) in ....

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....y settled. The ld. CIT further observed that decision given in the case of Alpine Solvex Limited is the law and now there is no scope for remedial action whatsoever after the decision of Hon'ble Supreme Court. He further observed that taking any so called remedial action now may tantamount to contempt of the Hon'ble Apex Court. Thereafter, considering the report of the AO dated 07.02.2002, the ld. CIT dropped the proceedings initiated with respect to claim of deduction u/s 80HHC. The reasons given for reopening relate to claim of deduction u/s 80HHC and in the reasons so recorded, the reliance was placed on the decision of Tribunal in the case of Alpine Solvex Limited ITA No.510 & 1026/Ind/1997 order dated 26th February, 1999. 12. Thus, ....