2012 (4) TMI 641

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.... R D E R We need not go into the merits of the matter relating to computation of deduction under Section 10A of the Income Tax Act, 1961 ("Act", for short) and whether it is to be done before or after taking into account the brought forward losses and depreciation. 2. In the present case, the Income Tax Appellate Tribunal ("Tribunal", for short) has given a finding that it is a case of chang....

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....2008 iv. Notice and reasons recorded to initiate reassessment proceedings u/s 148 dated 25.3.2008.?  3. The CIT (Appeals) further records that he had seen submissions dated 16.3.2006, 22.3.2006 and 23.3.2006 on the question of deduction under Section 10A of the Act and the computation was specifically dealt with and examined at the time of original assessment. Thereafter, the Assessing ....

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....ime of original assessment. Failure or mere absence of finding or averment in the assessment order is not material. The assessment order is authored by the Assessing Officer. The assessee cannot compel and prevail upon the Assessing Officer to write the order in a particular manner. In CIT vs. Eicher Ltd. (2007) 294 ITR 310 (Del), it was held as under: - 16. Applying the principles laid down by....

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.... we find that the assessed had placed all the material before the Assessing Officer and where there was a doubt, even that was clarified by the assessed in its letter dated 8th November, 1995. If the Assessing Officer, while passing the original assessment order, chose not to give any finding in this regard, that cannot give him or his successor in office a reason to reopen the assessment of the a....