Direction of reopening by appellate authority without any material untenable: Kerala HC

Kings Infra Ventures Ltd Vs ACIT (Kerala High Court)

Kerala High Court held that direction of reopening of assessment by appellate authority without any enquiry or without any material is unjustified and untenable in law. Accordingly, appeal allowed.

Facts- During A.Y. 2011-12, the appellant filed its return of income disclosing nil income. While filing the return, the appellant made a claim of Rs.1,52,76,459/-towards carried forward loss, which included depreciation loss of Rs.1,88,52,496/- (Pertaining to A.Y.s 1996-97 to 2009-10) and loss amounting to Rs.3

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