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2018 (7) TMI 465 - HC - Income TaxApplying Section 11 in determining the surplus income which would be subject to tax - assessment under Section 143(3) - Held that:- These issues were not a subject matter of consideration by the Assessing Officer in the earlier Assessment order dated 16th March, 1988 under Section 143(3) of the Act. Therefore, the issues now raised by the appellant-Assessee before the CIT (Appeals) could never have been raised by the appellant while challenging the earlier order. No wrong with a remedy. The purpose and object of the orders passed under the Act is to ensure that the Act is properly implemented and the Assessee is not burdened with tax which under the law, it is not obliged to pay. Thus, the finding in the impugned order dated 2nd September, 2004 in the peculiar facts of this case, that an appeal from an order giving effect to the grounds which were not raised in the earlier Appeal filed from the order dated 16th March, 1988 of the Assessing Officer under Section 143(3) of the Act is not correct. Substantial question of law is answered in the Affirmative i.e. in favour of the appellant-assesee and against the respondent-Revenue.
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