COMMISSIONER OF INCOME TAX Vs. ASAHI ALPHA LIMITED

JUDGEMENT

(1.) This appeal has been preferred under Section 260A of the Income Tax Act, 1961 (for short, 'the Act') against order dated 31.12.2003 passed by the Income Tax Appellate Tribunal, Delhi in ITA No. 24/Del/2001 for the assessment year 1989-90, proposing to raise following substantial question of law:

(2.) The Assessing Officer made assessment under Section 143(3) of the Act but later re-opened the same on the ground that deduction allowed to the assessee under Section 35AB of the Act was not admissible. The addition made after re-assessment was upset by CIT (A) but the Tribunal set aside the same on the ground that re-assessment itself was without jurisdiction. Finding recorded is as under:

(3.) The above view has been taken relying upon judgment of Delhi High Court in Jindal Photo Films Limited v. Deputy Commissioner of Income Tax and Anr., 1998 234 ITR 170.