COMMISSIONER AND DEPUTY COMMISSIONER OF INCOME TAX Vs. P.C. NAIDU SINCE DECEASED BY HIS L.RS. (SMT. P. JAYASRI W/O LATE SRI P.C. NAIDU, MR. P. HEMANTH KUMAR S/O LATE SRI P.C. NAIDU AND MS. P. SOWMYASHRI D/O LATE SRI P.C. NAIDU)

JUDGEMENT

(1.) SRI Vivek Holla, the learned Counsel takes notices for Respondents.

(2.) THE questions involved in this appeal were also the questions involved in ITA No. 2781 of 2005 C/w ITA Nos. 2782, 2797 and 2798 of 2005, which appeals are already decided by this Court on 6.1.2011. It was held that the amount of Rs. 6,60,000/ - paid to the Assessee and was being treated as advance in the books of M/s DTDC Limited holding that it is a deemed dividend in a proceedings initiated under Section 148, was valid and it does not amount to change of opinion. But, whether the said amount was paid out of the accumulated profit is a matter which should be decided by the assessing officer on the material to be produced by the Assessee and, therefore, the matter was remanded back to the Tribunal.