2018 (10) TMI 1693

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER For the Appellant : Smt. Ruby George, CIT For the Respondent : Shri G. Baskar, Advocate ORDER Per A. Mohan Alankamony, AM:- The appeal by the Revenue is directed against the order passed by the learned Commissioner of Income Tax (Appeals)-1, Coimbatore dated 14.11.2017 in Appeal No.28/15-16 for the assessment year 2012-13 passed U/s.250(6)....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ngs, filed its return of income for the assessment year 2012-13 on 28.09.2012 admitting total income of Rs. 29,67,24,050/- under normal provisions and book profit of Rs. 28,15,50,064/- under Section 115JB of the Act. Initially the return was processed U/s.143(1) of the Act and subsequently the case was selected for scrutiny under CASS and notice U/s.143(2) of the Act was issued on 23.09.2013. Fina....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....se of assessment proceedings by relying in the very same decision rendered by the Hon'ble Supreme Court in the case Goetze India Ltd vs. CIT cited supra and the decision of the Hon'ble Madras High Court in the case CIT Vs. Abhinitha Foundation (P) Ltd., reported in TC(A) No. 811 of 2016 dated 06.06.2017 wherein in para 18 of the judgment the following observations are made:- "In sum, what....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....find merit in the order of the Ld.CIT(A), who has rightly relied in the decision of the higher and apex judiciaries. Moreover the Hon'ble Apex Court in the case National Thermal Power Company Ltd., vs. CIT reported in 229 ITR 383 has categorically held that the Tribunal has jurisdiction to decide on the question of law arising from the facts found by the Income Tax Authorities having bearing on th....