2017 (9) TMI 530

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....For The Appellant : MR KM PARIKH, ADVOCATE  COMMON ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. These Tax Appeals arise out of common background and concerning the same respondent assessee. For convenience, we may record facts from Tax Appeal No.469 of 2017. 2. The appeal concerns assessment year 2009-10. The Revenue has suggested following questions for our considerat....

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....rcumstances of the case, the ITAT was right in law in quashing the impugned assessment pertaining to A.Y. 2009-10 on the ground that none of the regular assessment in these three assessment years (A.Y. 2007-08 to 2009-10) could be stated to be pending u/s.153A(1) second proviso?" 3. The assessee had filed the return of income under section 139(1) of the Income Tax Act, 1961 ('the Act' f....

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....e department to raise the additional grounds, the Tribunal permitted the assessee to raise it on the premise that the same was a legal contention which would go to the root of the matter. The Tribunal thereupon held that there was no incriminating material found during the search with the aid of which, the Assessing Officer could have made the additions. The Tribunal relied on the decision of Delh....