2018 (2) TMI 1712

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....deration: "(a) Whether on the facts and in the circumstance of the case and in law, the Tribunal, Pune were right to hold that the assessee company has made true and full disclosure of material facts necessary for assessment when the business loss of Rs. 2,00,80,465/relating to A. Y. 1998-99, not eligible for carry forward as per section 79 of the Act?"   3. The Respondent-Company was incorporated in 1996 with the Kalyani Group (Indian Partner), holding 75% and Lemmerz Werke GMBH Germany (German Partner) holding remaining 25% share in it. Thereafter, the share holding of the Respondent-company, underwent a change with the German Partners, increasing its share holding to 80% in the Respondent-Company by acquiring shares from M/....

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....ning to A. Y. 1998 S. 99 has been allowed to be set off. In view of the provisions of section 79 of I. T. Act, 1961, this is not in order. Therefore, I have reasons to believe that income assessable to tax to the tune of Rs. 7,28,84,073/has escaped assessment & this is a fit case for issue of notice u/s. 148 of I.T. Act, 1961." 5. Thereafter, the Assessing Officer by an order dated 30th December, 2010 passed an order under Section 143 read with 147 of the Act, rejected the Petitioner's objection, and thereafter, inter alia, disallowed the carry forward of business losses under Section 79 of the Act. 6. Being aggrieved, the Respondent carried the issue in Appeal to the Commissioner of Income Tax (Appeals) [CIT(A)]. By an order date....

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....r the purpose of Assessment. The Assessee is under no obligation to inform the Assessing Officer of the interference of fact or law to be drawn from the material facts which had been disclosed fully and truly by the Assessee. 8. The grievance of the Revenue is that it was obligatory on the part of the Assesssee to invite the attention of the Assessing Officer to Section 79 of the Act during regular assessment proceedings. Thus, not having done so, it is submitted that the first proviso to Section 147 of the Act, can have no application. 9. We find that it is an undisputed fact that the regular Assessment Order had been passed under Section 143(3) of the Act for Assessment Year 2003-04. The reopening notice has been issued on 29th M....