2021 (12) TMI 1481

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..../w Mr. Madhur Agrawal i/b Mr.Atul K. Jasani for Petitioner. Mr. Suresh Kumar for Respondents. P. C. :- 1. Respondent No.1 issued a notice dated 30/03/2004 under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') seeking to re-open Petitioner's assessment for AY 1997-98. The reasons for re-opening read as under :- "In this case Return of income filed on....

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.... act. Therefore, it appears to be a fit case for issue of notice under section 148 of I.T. Act. The Honorable Addl. Commissioner may accord the approval u/s 151(2) of I.T. Act, if found in order." 2. Petitioner replied and filed its objections which came to be rejected by an order dated 27/12/2004. Petitioner is impugning the notice dated 30/03/2004 and the order dated 27/12/2004. 3. Since t....

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.... of activities have been considered and claim under Section 80IA was rejected. In the case of Assessee in question, the basis is claim made under Section 80IA for AY 2001-02 was rejected by an order dated March 2004 (19/03/2004). This order was challenged by Petitioner before CIT(A). CIT(A), by an order dated 03/04/2006, allowed Petitioner's Appeal. Ground No.2 before CIT(A) was about disallowance....

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...., dismissed Revenue's Appeal relying upon an order dated 21/02/2011 in Income Tax Appeal No.4924 of 2010. Therefore, the entire foundation for the proposed re-opening which could, even if considered to be a tangible material, has crumbled. 5. In the circumstances, we have no hesitation in making the Rule, that was issued in 07/03/2005, absolute in terms of prayer clause (a) which reads as under....