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No Addition on a Different Issue if Reopened Issue Fails: ITAT Deletes ₹5.75 Crore Disallowance
Case Law Details
- Case Name
- Mellona Developers Pvt. Ltd. Vs ITO (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2017-18
- Courts
- All ITAT, ITAT Mumbai
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Mellona Developers Pvt. Ltd. Vs ITO (ITAT Mumbai)
No Addition on a Different Issue if Reopened Issue Fails: ITAT Deletes ₹5.75 Crore Disallowance
In a significant ruling, the Mumbai ITAT held that when an assessment is reopened for a specific issue, the Assessing Officer cannot make an addition on an altogether different issue if no addition is ultimately made on the ground for which the reassessment was initiated. The Tribunal deleted a ₹5.75 crore disallowance of loan processing fees made in the case of a real estate developer.
The reassessment was initiated on the allegation that the as...
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