TaxTMI 
TaxTMI 
TaxTMI 
2017 (12) TMI 1586
X X X X Extracts X X X X
X X X X Extracts X X X X
.... the appellant states that the appellant is challenging the impugned judgment and order dated 2nd January, 2015 in relation to Appeal bearing ITA No.6416/ Mum/2010. This Appeal arises out of an order made by the Assessing Officer under Section 143(3) read with Section 147 of the Income Tax Act (for short "the said Act"). Order of assessment was challenged by the respondent - assessee by preferrin....
X X X X Extracts X X X X
X X X X Extracts X X X X
....therefore, for the first time, the issue could not have been agitated before the Income Tax Appellate Tribunal. 3 In paragraph 23 (first paragraph 23), the following is the factual finding recorded by the Appellate Tribunal : "23. ....................... This is because, the AO had the occasion to examine the details filed by the assessee, which were considered not only by the AO but also by th....
X X X X Extracts X X X X
X X X X Extracts X X X X
....has since been followed by the Hon'ble Bombay High Court in the case of Sitara Diamond (P) Ltd vs DCIT reported in 262 CTR 299 (Bom)." 5 As far as the first submission is concerned, the finding of fact is that the Assessing Officer had an occasion to examine the details. The finding makes it clear that the Assessing Officer had an occasion to examine the details. In fact, it is mentioned tha....