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2010 (6) TMI 168 - MADRAS HIGH COURTReassessment- writ petition - The assessee carried on the business of operating a television network. For the assessment year 2003-04 the assessment was completed under section 143(3) of the Act. In respect of the assessment year 2004-05, an intimation under section 143(1) of the Act was sent accepting the return. The petitioner received notice under section 148 of the act for the assessment years 2003-04 and 2004-05 on the ground that expenditure on the purchase of copyright was capital in nature and was to be disallowed. The assessee filed writ petitions which were disposed of directing the petitioner to file detailed objections before the Assessing Officer who was to pass appropriate order. The assessee filed objections to the reasons recorded by the assessing authority but the assessing authority rejected them and passed orders of reassessment. Held that- the orders showed that there was factual suppression which could not be pure question of law so as to deprive the assessing authority of his right to initiate proceedings under sections 147 and 148 of the Act. Further held that the final order of assessment were appealable to the Commissioner (Appeals) under section 146 of the Act and further before the Income Tax Appellate Tribunal under section 252 of the Act. The final order of assessment dealt in detail with the capital assets and stock in trade and in appeal, it was open to the assessee to raise all objections including the objections including the objections relating to procedural defects raised regarding issuance of notice under section 147 and 148 of the Act.
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