Commissioner (Appeals) passed an order deleting addition of deemed dividends and left it open for Assessing Officer to make assessment of such deemed dividend in hands of petitioner shareholders of assessee-company. The Assessing Officer issued notice under section 150 of the Act on the ground that the order of CIT(A) contained the direction as contemplated u/s 150 of the Act. On writ allowing the petition the Court held that the said order could not be said to have issued any directions as contemplated under section 150 of the Act. Court als0 observed that the finding in order of Commissioner (Appeals) was recorded without granting petitioners an opportunity of being heard, accordingly the reopening notices issued on basis of said order by invoking provisions of section 150 were quashed. (AY. 2010-11)
Dinar Tarcar v. ACIT (2022) 286 Taxman 638 / 213 DTR 57 / 326 CTR 310 (Bom.)(HC)/Manisha Tarcar (Mrs ) v. ACIT (2022) 286 Taxman 638/ 213 DTR 57/ 326 CTR 310 (Bom.)(HC)
S. 150 : Assessment-Order on appeal-Reassessment-Deemed dividend-Addition deleted-Finding-Direction-Left open for the Assessing Officer in the hands of share holders-Order cannot be construed as direction. [S. 147, 148, 153, Art. 226]