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2011 (11) TMI 462 - CHATTISGARH HIGH COURT
Dropping of assessment u/s 152(2) - assessment framed u/s 143(3)/147 - Held that:- Tribunal rightly held that there was no escapement of assessment or no assessment in respect of the said head, which formed the reason to believe in the notice. In respect of other incomes no notice was issued and the assessee had no opportunity to put forward his case under Section 152(2), to avail benefit of the said Section for dropping the proceedings. Thus, the Revenue cannot take advantage of the Explanation 3 to Section 147, as the same is not available in the facts of the case. See Jet Airways (2010 (4) TMI 431 - HIGH COURT OF BOMBAY) and Ranbaxy laboratories (2011 (6) TMI 4 - DELHI HIGH COURT) - Decided against the Revenue.