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Reopening Unjustified: No Link Between Available Material & Belief of Escaped Income
Case Law Details
- Case Name
- CIT Vs Spirit Global Construction Pvt. Ltd. (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2010-11
- Courts
- All High Courts, Delhi High Court
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CIT Vs Spirit Global Construction Pvt. Ltd. (Delhi High Court)
Delhi High Court held that the reasons disclosed for re-opening do not allude to the material that was available to the AO which persuaded him to form a belief that income had escaped assessment. Hence, prerequisite before entering the realm of reassessment/assessment proceedings not met. Accordingly, addition not sustainable.
Facts- Spirit Global Construction Pvt Ltd (SGCPL) had filed its Return Of Income [“ROI”] declaring total income as Rs.1,04,98,240/-. On 04.06.2011, the said ROI was processed u/s. 143(1) ...
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