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2015 (10) TMI 254 - MADRAS HIGH COURT

2015 (10) TMI 254 - MADRAS HIGH COURT - TMI - 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.RAMASUBRAMANIAN AND MR. T.MATHIVANAN, JJ. For The Appellant : Mr.T.Ravikumar For The Respondent : Mr.S.Sridhar Judgment By V.RAMASUBRAMANIAN The Revenue has come up with the above appeal under Section 260A .....

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a loss. The case was processed under Section 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. Subsequently, the Assessing Officer looked into a lease agreement that the assessee had entered into with a public trust and the construction put up thereon and the lease agreement entered into by the assessee with .....

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tutory appeal in I.T.A.No.38/1997-98. The First 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 correct and (ii) that once a particular method of assessment of income was followed, the same could not have been changed. But, the First Appellate Authority recorded in paragraph 8 of his order dated 10. .....

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