2017 (11) TMI 579

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.... learned counsel appearing for the petitioner and Mr.J.Narayanaswamy, learned Standing Counsel appearing for the respondent. 2.The petitioner has filed this writ petition seeking for issuance of writ of certiorari, to quash the order dated 02.02.2005, by which, the respondent has rejected the objections raised by the petitioner for reopening of the assessment for the Assessment Years 1999-2000 ....

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....titioner has canvassed all the contentions raised in the present writ petition, apart from the factual contentions challenging the assessment order. 5.In the light of subsequent development, this Court is of the view that the appellate authority should be directed to consider all the issues raised by the petitioner, both legal and factual. The primary contention raised by the petitioner is that....

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....that the aforementioned judgments have been considered by the Tribunal in the case of Asstt. CIT vs. Bhoumil Colour (P.) Ltd. reported in [2009] 118 ITD 1/27 SOT 270 (Mum) (SB), wherein it was held that since the assessee was not registered as the beneficial owner of the shareholder, it was not liable to be taxed under the provisions of Section 2(22)(e) of the Income Tax Act. Therefore, it is cont....