2020 (3) TMI 884

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nt. AJAY TEWARI, J. (Oral) [1] This appeal has been filed under Section 260A of the Income Tax Act, 1961 [for brevity 'the Act'] against the order dated 11.05.2018 passed by the Income Tax Appellate Tribunal, New Delhi, whereby appeal filed by the assessee was allowed. The assessment year involved is 2011-12. [2] Brief facts of the case are that the assessee had offered some income for ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ce u/s 148 of the Act as per guidelines contained in decision of Hon'ble Supreme Court in the case of M/S GKN Driveshafts (India) Ltd. Vs. Income Tax Officer 259 ITR 19 (SC) before Assessing Officer before completion of re-assessment proceedings? B. Whether on the facts and in the circumstances of the case, the Hon'ble ITAT was justified in quashing the reassessment proceedings without a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tal gain on sale of such land in the return filed u/s 148 and it was a capital asset?" [4] The primary question which has to be decided is Question A. [5] We find that the order of the Tribunal is correct. The mere fact that reasons exist on the file cannot sanctify them and the only way to ascertain whether the requirements under Section 147 of the Act have been met out would be at the very lea....