TaxTMI 
TaxTMI 
2015 (8) TMI 115
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.... and brevity. 3. First we will deal with the appeal in ITA No. 574/Del/2008. Following grounds have been raised in this appeal: "1. On the facts and circumstances of the case, the order passed by the learned CIT(A) is bad, both in the eye of law and on facts. 2(i) On the facts and circumstances of the case, the learned CIT(A) has erred, both on facts and in law, in rejecting the contention of the appellant that the initiating of proceedings under Section 147, read with Section 148 was bad in the eye of law as the condition and procedure prescribed under the statute have not been satisfied. (ii) On the facts and circumstances of the case, the learned CIT(A) has erred in ignoring the contention of the assessee that the reass....
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....rder was furnished which is placed on record). 5. In her rival submissions the ld. Sr. DR although supported the order of the ld. CIT(A) but could not controvert the aforesaid contention of the ld. Counsel for the assessee. 6. We have considered the submissions of both the parties and carefully gone through the material available on the record. In the present case, it is an admitted fact that an identical issue having similar fact was a subject matter of the appeal before the ITAT Delhi Bench 'C', New Delhi in the case of M/s Groz Net Industries, New Delhi Vs ACIT, Circle-22(1), New Delhi wherein the relevant findings have been given in paras 4 to 6 of the order dated 11.10.2013 which read as under: "4. Thus the common issue in bot....
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....ng its appeal, the ITAT has relied upon the judgment of the Hon'ble Bombay High Court in the case of CIT vs. Kalpataru Colors & Chemicals reported in 328 ITR 451. By way of this judgment, Hon'ble High Court has reversed the Order of the ITAT's Special Bench in the case of Topman Exports reported in 318 ITR(AT) 87. The assessee pointed out that Hon'ble Supreme Court in the case of Topman Exports (supra) has reversed the decision of Hon'ble Bombay High Court in the case of Kalpataru Colors & Chemicals and restored that of the ITAT. On account of this development, ITAT has recalled its earlier order and listed these appeals for fresh hearing on this issue. The learned counsel for the assessee further contended that Taxation Law....
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.... retrospective effect have been challenged. It is a matter of record that similar writ petitions were filed in various High Courts. Transfer petition was filed in the Supreme Court and the Supreme Court had directed transfer of all those writ petitions to the High Court of Gujarat. The High Court of Gujarat vide judgment dated July 02, 2012 decided the said bunch of writ petitions and quashed the impugned amendment only to the extent that the operation of the said section could be given effect from the date of the amendment and not in respect of earlier assessment years. The Bombay High Court following the aforesaid judgment of the Gujarat High Court, disposed of all the writ petitions before it in the following manner: "It is admitted t....
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....able retrospectively. Learned Assessing Officer has recomputed the deduction admissible to the assessee after applying the amended provisions of sec. 80-HHC of the Act. Therefore, we allow the appeals of assessee on this issue and remit this issue back to the file of the Assessing Officer for recomputing the deduction admissible under sec. 80-HHC by keeping in view the judgments of Hon'ble Gujarat High Court as well as Hon'ble Punjab & Haryana High Court." 7. In the present case also, the appeals of the assessee were earlier disposed off by this Bench of the ITAT vide order dated 18.09.2009. Later on, those appeals were recalled in MA Nos. 128 to 130/Del/2013 vide order dated 20.10.2014 on the ground that the decision dated 22.02....