2020 (4) TMI 810

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....ion 148 of the Income Tax Act, 1961 seeking to reopen the assessment for the Assessment Years 2003-04, 2004-05 and 2005-06. 2. It is the cases of the petitioner that the assessment for these three Assessment Years, the petitioner had failed to deduct TDS under Chapter XVII-B of the Income Tax Act, 1961 and had therefore voluntarily added the same to the taxable turnover and claimed deduction under Section 10B of the Income Tax Act, 1961 applicable to newly established 100% Export Oriented undertaking.   3. During the Assessment Year 2006-07, the petitioner voluntarily paid TDS and claimed deduction under Section 40(a)(ia) of the Income Tax Act, 1961. On the aforesaid amount, the petitioner wanted to claim expenditure. The Assessi....

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....8 and W.A.No.2108 of 2010 and T.C.(A) Nos. 448 and 452 of 2013, dated 29.11.2013.   ii. K.M.Sharma Vs. Income Tax Officer, (2002) 4 SCC 339. iii. Union of India and Others Vs. Kamlakshi Finanace Corporation, AIR 1992 SC 711. iv. Commissioner of Income Tax Vs. G.Viswanatham, (1988) 172 ITR 401. v. Parveen Kumari and another Vs. Commissioner of Income-Tax and another, (1999) 237 ITR 339. vi. Commissioner of Income Tax Vs. Vaikundom Rubber Co. Ltd., (2001) 249 ITR 19. vii. Spences Hotels Pvt. Ltd. Vs. Deputy Commissioner of Income Tax, (2003) 263 ITR 263. viii. Col. Sir Harinder Singh Brar Vs. Income Tax Officer, (2006) 282 ITR 371 (P&H). ix. Commissioner of Income Ta....

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....t the order dated 31.08.2015 of the Commissioner of Income Tax (Appeals) as both the petitioner and the respondent had preferred their respective appeals before the Income Tax Appellate Tribunal in I.T.A.No.2049/Mds./2012 and I.T.A.No.2064/Mds/2012 against the order dated 31.08.2012 of the Commissioner of Income Tax (Appeals). 15. I have considered the arguments advanced on behalf of the petitioner and the respondent. 16. The question that is required to be answered in the present writ petitions is whether the reopening of the assessment for the three Assessment Years would get time-barred in view of the order of the Income Tax Appellate Tribunal on 24.08.2015 or whether the order disposing the two appeals of the petitioner and the re....