Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2005 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2005 (5) TMI 24 - HC - Income TaxReassessment - "1. Whether Tribunal, was justified in rejecting the additional grounds challenging the validity of the assessment order on the basis of illegal initiation of proceedings under section 148 without complying with the provision of section 148(2)? 2. Whether, Tribunal was in law justified in holding that the amendment in the provisions of sections 139(8), 215 and 217 inserted with effect from April 1, 1985, would be applicable to assessment of earlier years completed after April 1,1975 and so charging of interest in the case of the assessee under section 138(8) as well as under section 217 is perfectly justified as the assessment under section 147 has been made for the first time after April 1, 1985 and so it is a regular assessment? 3. Whether Tribunal was in law justified in treating the assessment of the assessee as regular assessment within the meaning of section 2(40)?" - we answer question No. 1 referred to us in the negative, i.e., in favour of the assessee and against the Revenue and questions Nos. 2 and 3 in favour of the Revenue and against the assessee.
|