2017 (11) TMI 579

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....oner 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 and 2000-01. The petitioner has raised seve....

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....ed 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 the reopening itself is erroneous, as the assess....

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....red 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 contended that it would cause unnecessary hardship to t....