2019 (7) TMI 607

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....--------- ORDER 1. The Revenue is aggrieved by the order made by the learned Single Judge quashing the re-assessment notice issued under Section 147/148 of the Income Tax Act,1961 dated 28.03.2012. The re-assessment notice was in respect of A.Y.-2005-06, 2006-07 and 2007-08. Essentially, it was premised upon two grounds i.e. dis-allowance under Section 36(1)(iii) and secondly, the commission al....

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....me of filing of the final return, well in time. 3. The revenue relies upon the judgment in Commissioner of Income Tax & Ors. Vs. Chhabil Agarwal, (2013) 357 I.T.R. 357 (SC) to say that the assessee could not have availed extraordinary remedy of the writ petition in the circumstances. It also relies upon Deputy Commissioner of Income-tax, Central Circle-I, Jodhpur Vs. Sambhav Energy Ltd., [2017] 8....

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....ation. The impugned judgment took into account the binding decision of the Supreme Court in Commissioner of Income - Tax, Delhi Vs. Kelvinator of India Ltd., (2010) 187 Taxman 312 (SC) where the Court after reviewing the entire law, including the decision in Raymond Woollen held that for a valid reopening of an assessment completed under Section 143 (3), the revenue must be in possession of tangib....