2015 (9) TMI 1640

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....llaiya,   This appeal by the Revenue and the cross objection by the assessee are preferred against the order of the Ld. CIT(A)-18, Mumbai dated 2.8.2013 pertaining to Assessment year 2008-09. 2. The sole grievance of the Revenue is that the Ld. CIT(A) erred in quashing the proceedings u/s. 147 of the Act. The claim of the Revenue is that the Assessing Officer was justified in invoking Sec. ....

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....viso is not applicable. 6. Having heard the rival submissions, we have carefully perused the orders of the authorities below. We find force in the claim of the DR that in the year under consideration, the reopening was within 4 years. However, in the light of the factual matrix of the case in hand, wherein, the reopening has been done for the following reasons: " The assessee was in receipt of ....

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....e original assessment order. Therefore, it is clear that no new facts have come to the notice of the AO for reopening a completed assessment. 8. In so far as the claim of the Revenue that sales tax subsidy has no direct nexus with the business of the assessee has already been decided by the Tribunal in assessee's own case in ITA Nos. 7125/M/2007, 2218/M/08, 3833/M/08 and 772/M/09 order dated 8.1.....