2020 (4) TMI 23

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....ithnan Kumar,JCIT ,D.R ORDER PER S. JAYARAMAN, ACCOUNTANT MEMBER The assessee filed this appeal against the order of the Commissioner of Income Tax (Appeals)-1, Trichy in ITA No.167,335,169,307&159/2016-17/CIT(A)-1/TRY, dated 10.10.2019 for the assessment year 2010-11. 2. The assessee filed the appeal with a delay of 5 days and explained the cause. We heard the rival submissions and co....

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....ismissed the appeal for the assessment year 2010-11 with an enhancement. While doing so, he directed the Assessing Officer to reopen the assessment for assessment year 2009-10 under Section 150(1) of the Act to assess the amount received as business income and not as capital gains as claimed by the assessee. Aggrieved against that order, the assessee is in appeal before us. 4. It was submitted ....

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....rom the end of the assessment year i.e.31.03.2016. The impugned order was passed on 28.12.2016, nine (09) months, after the limitation date. Therefore, the Ld. A.R. pleaded that the order of the learned CIT(A) directing the Assessing Officer to reopen the assessment for assessment year 2009-10 is unsustainable in law and hence, he pleaded to quash the order of learned CIT(A). In this regard, the L....

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....on it. 5. Per contra, Ld. D.R. supported the orders of the lower authorities. 6. We have heard the rival submissions and gone through the materials available on record. In this case, the re-assessment order for this assessment year, i.e 2010-11, was passed on 29.12.2016. By the time, more than 6 years had lapsed from the end of the assessment year 2009-10 and hence, in accordance with the de....