IN THE HIGH COURT OF DELHI AT NEW DELHI
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ITA 1258/2006
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COMMISSIONER OF INCOME TAX DEL ..... Appellant
Through Mr. J.R. Goel with Mr. S.C.
Sharma, Advs.
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versus
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RAVINDRA KUMAR JUNEJA ..... Respondent
Through Mr. Salil Aggarwal with Mr.
Prakash Kumar, Advs.
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CORAM:
HON'BLE MR. JUSTICE VIKRAMAJIT SEN
HON'BLE DR. JUSTICE S. MURALIDHAR
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O R D E R
21.11.2006
Heard.
Admit.
The following substantial questions of law arise for consideration:-
(a) Whether the Ld. ITAT in the facts and circumstances of the case was correct
in law in holding that the reopening of the assessment was not in accordance
with the law?
(b) Whether the Ld. ITAT in the facts and circumstances of the case was correct
in law in holding that even if the reasons for reopening of the assessment are
recorded, the same are not legally sustainable inasmuch as the Revenue has
failed to produce the records for legal scrutiny of the Tribunal?
ITA 1258.2006 Page 1 of 2
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(c) Whether the order of the Ld. ITAT is perverse as it failed to appreciate and
consider that the CIT(A) categorically recorded the finding that ?it is seen
that the A.O. had sufficient reasons for reopening the assessment and these
reasons were duly recorded and approved by the concerned authority??
The Appellant is directed to file Paper Books within three months in
accordance with High Court Rules.
List for hearing in due course.
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VIKRAMAJIT SEN, J
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S. MURALIDHAR, J
NOVEMBER 21, 2006
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ITA 1258.2006 Page 2 of 2
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