2019 (11) TMI 813

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.... AO" 2. The original assessment order was passed under Section 143(3) of the Act assessing a total loss of Rs. 3,63,58,446/- against the declared loss of Rs. 3,80,64,292/-. A notice under Section 148 was issued to the assessee for reopening the assessment on the basis of an information received from the Office of the ADIT (Inv) -II Faridabad, premised on Survey operation conducted on the assessee on 26.03.2015. It was alleged that during the survey proceedings, evidence of discrepancies/ tax evasion was found and it emerged that the assessee during the Financial Year 2008-2009 was engaged in the sale of Aluminum Dross, which emerged during the manufacture of Aluminum alloy ingots in the guise of "Ash and Residue", with the intention to sup....

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....on the basis of the order passed by the CESTAT was not correct inasmuch, as, the revenue has preferred an appeal before the Punjab and Haryana High Court against the order of the CESTAT. A copy of the order passed by the CESTAT has been tendered in Court by learned counsel for the respondent. The same bears different dates different places. 6. Be that as it may, there is no dispute that the Commissioner of Central Excise has preferred appeals before the Punjab and Haryana High Court being C.A. No. 57, 58, 66 to 68 of 2017, against the order of the CESTAT. This position is not disputed by learned counsel for the respondent assessee. 7. Mr. Hossain submits that in view of the said appeal being preferred, the Tribunal should have adopted th....

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....hese circumstances, we find that as of now, the very basis of initiating the re-assessment proceedings by virtue of the notice dated 02.02.2010 issued under Section 148 of the Income Tax Act, 1961 does not survive. Therefore, we are disposing of this writ petition with liberty to both sides to seek revival in case the need arises. We make it clear that in case it is ultimately held in favour of the revenue, then the revenue shall be entitled to revive its proceedings pursuant to the notice under Section 148 of the said Act and the assessee shall not take up the plea of limitation. The writ petition stands disposed of accordingly." 8. Consequently, we direct that the re-assessment proceedings stand closed and the present writ petition is....