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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
B.P.COLABAWALLA, FIRDOSH P.POONIWALLA
Principal Commissioner of Income Tax, Central-2, Mumbai – Appellant
Versus
Nahar Enterprises – Respondent
| Table of Content |
|---|
| 1. introduction of the case and appeal details. (Para 1) |
| 2. background of nahar enterprises and its dissolution. (Para 3 , 4 , 6) |
| 3. search action and legal arguments regarding its legitimacy. (Para 5 , 8 , 9) |
| 4. tribunal's review and legal arguments presented. (Para 7 , 11 , 12) |
| 5. court's agreement with tribunal on merits of deductions. (Para 10 , 14 , 18) |
| 6. final order, dismissal of appeal, and future considerations. (Para 15 , 19 , 21) |
JUDGMENT :
B.P. Colabawalla, J.
1. The above Income Tax Appeal is filed by the Appellant-Revenue being aggrieved by the judgment and order dated 7th April 2017 passed by the Income Tax Appellate Tribunal, “G” Bench, Mumbai (for short “ITAT”) in ITA No. 2853/Mum/2015. The assessment year in question is AY 2010-11. According to the Revenue, the impugned order gives rise to the following Substantial Questions of Law :-
“6.1 Whether on the facts and in the circumstances of the case and in law, the Hon’ble ITAT was justified in holding that assessment made u/s 143(3) r.w.s. 153A is bad in law being nullity in eyes of law as the search warrant was issued in the name of non-existing entity when the search warrant specifically mentioned the name
The validity of an assessment under the Income Tax Act hinges on the lawful existence of the assessed entity at the time of the assessment, with deductions contingent upon definitions of habitable bu....
The definition of 'built-up area' under Section 80-IB excludes open terraces and porticos, affirming that deductions cannot apply if the total area exceeds stipulated limits.
Reassessment beyond four years invalid without new tangible material if original scrutiny assessment consciously allowed deduction claim, constituting mere change of opinion.
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