CIT v. Amco Batteries Ltd ( 2021 ) 200 DTR 244 ( Karn) (HC)

S. 147 : Reassessment –With in four years- Capital gains – Joint development – Failure to disclose the factum of handing over of possession of the property – Reassessment notice was held to be valid- Matter remanded to the Tribunal . [ S. 45, 148, 154(1) ]

Allowing the appeal of the revenue the Court held that the assessee has failed to disclose the factum of handing over of possession of the property to joint venture . The  Assessing Officer has recorded the reasons , the order of Tribunal suffered from the vice of non application of mind and the finding recorded by it is perverse. Matter remanded to the Tribunal to decide in accordance with law . (AY. 2004 -05 )