Pr. Commissioner of Income-tax, Central-3 v. Reynold Shirting Ltd - 2019-LL-0820-41

Citation	2019-LL-0820-41
Appellant Name	Pr. Commissioner of Income-tax, Central-3
Respondent Name	Reynold Shirting Ltd.
Court	HIGH COURT OF BOMBAY
Relevant Act	Income-tax
Date of Order	20/08/2019
Assessment Year	2008-09
Judgment	View Judgment
Keyword Tags	incriminating material
Bot Summary:	The impugned order dated 28th June, 2016 is in respect of Assessment Year 2008 09. 2 Revenue urges the following question of law, for our consideration: Whether on the facts and in the circumstance of the case and in law, the Tribunal was right in holding that in the cases where total income has already been assessed, the assessment u/s. 153C of the Income Tax Act, 1961 would be made only on the basis of incriminating material found during the course of search without appreciating provisions of section 153C which empower Assessing Officer to assess or reassess the total income of six years immediately preceding to the year of search S.R.JOSHI 1 of 2 itxa-830-2017 3 The impugned order of the Tribunal allowed the Respondent Assessee s appeal on the above issue by following the decision of this Court in Allcargo Global Logistics Ltd., v/s. 4 In view of the fact that the impugned order of the Tribunal has followed the binding decision of this Court, no substantial question of law arises from the impugned order.

IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 830 OF 2017 Pr. Commissioner of Income Tax, Central 3 .. Appellant. v/s. M/s. Reynold Shirting Ltd., .. Respondent. Mr. A. R. Kotangle with Ms. Dhruti Kapadia and Mr. Prabhakar Ranshur, for Appellant. CORAM: M.S.SANKLECHA & NITIN JAMDAR, JJ. DATE : 20th AUGUST, 2019. P.C: This Appeal under Section 260 of Income Tax Act, 1961 (the Act), challenges order dated 28 th June, 2016 passed by Income Tax Appellate Tribunal (the Tribunal). impugned order dated 28th June, 2016 is in respect of Assessment Year 2008 09. 2 Revenue urges following question of law, for our consideration: Whether on facts and in circumstance of case and in law, Tribunal was right in holding that in cases where total income has already been assessed, assessment u/s. 153C of Income Tax Act, 1961 would be made only on basis of incriminating material found during course of search without appreciating provisions of section 153C which empower Assessing Officer to assess or reassess total income of six years immediately preceding to year of search? S.R.JOSHI 1 of 2 itxa-830-2017 3 impugned order of Tribunal allowed Respondent Assessee s appeal on above issue by following decision of this Court in Allcargo Global Logistics Ltd., v/s. CIT 374 ITR 645. 4 In view of fact that impugned order of Tribunal has followed binding decision of this Court, no substantial question of law arises from impugned order. Thus, not entertained. 5 Accordingly, Appeal dismissed. (NITIN JAMDAR,J.) (M.S.SANKLECHA,J.) S.R.JOSHI 2 of 2 Pr. Commissioner of Income-tax, Central-3 v. Reynold Shirting Ltd

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