COMMISSIONER OF INCOME TAX Vs. MOHMED JUNED DADANI.

JUDGEMENT

(1.) In this group of appeals, a short but interesting question which would be repetitive in nature has arisen. We had therefore, in our order dated 12.09.2012, issued notice for final disposal. We may notice the facts in brief as arising in Tax Appeal No. 964 of 2011. For the assessment year 2003-04, assessee had filed return of income on 29.11.2003. Such assessment was framed originally after scrutiny. Thereafter, the Assessing Officer issued a notice under Section 148 of the Income Tax Act, 1961 on 09.03.2005 for reopening such assessment. The Assessing Officer had recorded following reasons for the purpose of issuing the notice:

(2.) The Assessing Officer framed fresh assessment on 17.03.2005 assessing total income at Rs. 1,00,60,240/-. In the process he made following additions:

(3.) Significantly, in such assessment, the Assessing Officer did not disturb the deduction of Rs. 1,82,746/-, previously claimed by the assessee under Section 80HHC of the Act, and granted in the original assessment order.