Itta/428/2014 Of The Commissioner Of Income Tax v. R K Real Estates
High Court
17 Jul 2014 In favour of: Assessee
Forum / Bench
High Court · taphc
Parties
Itta/428/2014 Of The Commissioner Of Income Tax v. R K Real Estates
Date of order
17 Jul 2014
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In Itta/428/2014 Of The Commissioner Of Income Tax v. R K Real Estates, the High Court (2014) dismissed the appeal. The decision went in favour of the assessee.
Decision: The appeal is therefore dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
I.T.T.A. No. 428 of 2014
DATED:17.07.2014
Between:The Commissioner of Income Tax,Vijayawada.And
… Appellant
R.K. Real Estates,Khammam.
….Respondent
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
I.T.T.A. No. 428 of 2014
Judgment:(per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
This appeal is directed against the judgment and order ofthe learned Tribunal dated 8.1.2014 in relation to the assessmentyear 2005-06, by which, the appeal of the Revenue has beendismissed.
It was a case of reopening of assessment made initiallyunder Section 143 of the Income Tax Act, 1961 (for short ‘theAct’). The Commissioner of Income Tax found that the pre-conditions for reopening of the assessment are not satisfied andthis fact finding has been accepted by the learned Tribunal.
When the pre-conditions are not satisfied, we are of theview that the reopening of the assessment was not called for.
The appeal is therefore dismissed.
Consequently, the miscellaneous applications, if anypending, shall also stand closed. No costs.
__________________
K.J. SENGUPTA, CJ
_________________
SANJAY KUMAR,
17[th] July, 2014
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