Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles SMS News Highlights
        Home        
Extracts
Home List
← Previous Next →

The Commissioner of Income Tax, Chennai Versus South India Structural Corporation Limited

2015 (10) TMI 254 - MADRAS HIGH COURT

Re-assessment proceedings - ITAT quashed re-assessment order - Held that:- Very initiation of proceedings under Section 147 was bad due to non service of notice. - Decided against revenue. - Tax Case (A) No.1200 of 2005 - Dated:- 18-8-2015 - MR. V.RA .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ikumar, learned Standing Counsel for the appellant and Mr.S.Sridhar, learned counsel for the respondent - assessee. 3. The only question of law, on which, the appeal was admitted, was as follows : "Whether on the facts and in the circumstances o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

143(1)(a) and it is claimed that an intimation was sent on 18.1.1993. 5. The assessment was then completed under Section 143(3) on 11.2.1993, assessing the book profits of the assessee on an income of ₹ 1.18 lakhs under Section 115J. Subsequent .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

otice under Section 148 was issued on 17.2.1995 for reopening the assessment on the ground that some income has escaped assessment. 6. It appears that the assessee then filed a return of income on 10.9.1996. A hearing was granted, in which, the asses .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t Appellate Authority dismissed the appeal by an order dated 10.5.2000. In the said order, the First Appellate Authority recorded as though the assessee took two grounds of appeal namely (i) that the reopening of assessment under Section 147 was not .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

g to the reopening of assessment under Section 147 was given up. 7. Aggrieved by the recording made by the First Appellate Authority in his order dated 10.5.2000 to the effect that the appellant had given up the first ground of attack, the assessee f .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ribunal. Similarly, as against the second order passed on 28.3.2001, by the Commissioner of Income Tax (Appeals), the assessee filed another appeal in I.T.A.No.779/ 2001. 9. Both the appeals I.T.A.Nos.1268/2000 and 779/2001 were taken up together by .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e same questioned the very reopening of the assessment under Section 147 and that therefore, if the said appeal went in favour of the assessee, there would not be any occasion to deal with the assessment arising in the other appeal at all. Therefore, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Discussion Forum
what is new what is new
 


Share:            

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version