2010 (4) TMI 1136

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....a, Sr. D.R. ORDER Per Shri T.K. Sharma, Judicial Member : This appeal filed by the assessee is against the order dated 22.05.2007 of Learned Commissioner of Income Tax(Appeals)-V, Surat upholding the action of Assessing Officer regarding re-opening of assessment under section 148 and confirming the addition of Rs. 4,61,500/- made by the A.O. under section 68 of the Income Tax Act, 1961 fo....

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....nt was taken before the Learned Commissioner of Income Tax(Appeals), but through inadvertence it was not taken in the original memo of appeal. The additional ground involved only on pure question of law, therefore, the same be admitted. Further relying on the decision of the Hon'ble Supreme Court in the case of GKN Driveshafts (India) Ltd. -vs.- ITO [2003] 259 ITR 19 (SC), the matter be restor....

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....e ld. counsel submitted that the matter is squarely covered by the judgment of the Hon'ble Supreme Court in the case of GKN Driveshafts (India) Ltd. (supra). 4. On the other hand, Shri C.K. Mishra, Sr. D.R. appearing on behalf of Revenue could not controvert the aforesaid submissions of the ld. counsel of the assessee. 5. Having heard both the sides, we have carefully gone through the or....

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....T & Others -vs.-Banswara Syntex Ltd. [2005] 272 ITR 642 by following the judgment of the Hon'ble Supreme Court in the case of GKN Driveshafts (India) Ltd. (supra) held that when a notice under section 148 of the Act is issued to a notice, he is to adopt the following procedure :- (i) file a return in response to the notice; (ii) he can ask the assessing authority to furnish r....