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Validity of re-opening when no concealment of income and department applied higher tax rate of tax for framing re-assessment
Case Law Details
- Case Name
- ACIT Vs Hyundai Heavy Industries Co. Ltd. (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 1995- 1996
- Courts
- ITAT Delhi
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RELEVANT PARAGRAPH
23. In assessment years 1995-96 and 1996-97, the only identical reason recorded by the Assessing Officer for reopening the assessment, with variation in the amounts involved, is that the interest income under section 244 A has escaped assessment and to reassess the same under section 147 of the Act notice under section 148 of the Act was issued.
While completing the assessment under section 143(3) read with section 148 the Assessing Officer applied a higher rate of tax, i.e. @ 55%, applicable to foreign companies on the business income instead of the tax rat...
