TMI Blog2013 (9) TMI 754X X X X Extracts X X X X X X X X Extracts X X X X ..... ubject to tax in proceedings under Section 155 of the Act - Income Tax Reference No. - 9 of 1993 - - - Dated:- 9-9-2013 - Hon'ble Sunil Ambwani And Hon'ble Surya Prakash Kesarwani,JJ. For the Applicant : B. Agarwal, A. Kumar, A. N. Mahajan, D. Awasthi, G. Krishna, S. Chopra ORDER We have heard Shri Sambhu Chopra appearing for the income tax department. No one appears for the assessee. The affidavit of service affirmed by Shri Sarvesh Kumar Gupta, Income Tax Inspector has been filed stating that notice of the appeal has been served and the acknowledgment duly signed by Smt. Sachi Devi on 1.7.2013 has been annexed. In this reference made by the Commissioner of Income Tax, Kanpur arising out of order of the Income Tax Appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the issue was highly debatable and it was difficult to say whether the submission made on behalf of the assessee that since the original order under Section 143 (1) stood merged with the order under Section 143 (3) (b) on the cancellation of the later assessment, original assessment under Section 143 (1) did not survive. Shri Sambhu Chopra appearing for the income tax department submits that the question of law is covered by the judgment of the Supreme Court in Chatturam Horilram Ltd. v. CIT, (1955) 2 SCR 290 in which it was held as follows:- "For the purpose of the present case it appears to us sufficient to say that, where earlier assessment proceedings had in fact been taken but failed to result in a valid assessment owing to s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 55 (1) may be used in a case of completed assessment of the shares for dividing the shares of the partner in a firm for the assessment year commencing on 1st April, 1992 or any earlier assessment year if it is found on the assessment or reassessment of the firm or any reduction or enhancement made in the income of the firm under Section 154, 250, 254, 260, 262, 263 or 264 or of any order passed under sub-section (4) of Section 245D on an application made by the firm, that the share of the partner in the income of the firm has not been included in the assessment of the partner or if included is not correct. The orders under Section 155 have been passed after the assessment was framed. Once the assessment under Section 143 (3) (b) has been ..... X X X X Extracts X X X X X X X X Extracts X X X X
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