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TMI Blog2019 (1) TMI 1534X X X X Extracts X X X X X X X X Extracts X X X X ..... PREETHA S. NAIR SRI. ANIL D. NAIR SRI. E. K. NANDAKUMAR (SR. ) For The Respondents : ADVS. SRI. P. K. RAVINDRANATHA MENON (SR. ) SRI. JOSE JOSEPH, SC, FOR INCOME TAX JUDGMENT K. Vinod Chandran, J. Two assessees, who are partners of a firm, are before us in the above two appeals arising from the assessment years 1986-1987 and 1988- 1999. The short facts required for consideration of the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er and sought adjournment, but then did not subsequently appear. The Assessing Officer took the income of the assessee as found by the Settlement Commission and completed the assessment. The ground raised in first appeal was that there were two notices issued under Section 148 and the assessment was barred by limitation. However, before the First Appellate Authority, this was not urged and an addi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e no resort made to a general provision for rectification. 4. The Tribunal found that the dictum does not apply in the present case, when there was no regular assessment made. Resort could only be had to Section 148, since Section 155 applies only in the case of a completed assessment of a partner and the share of the income of the firm as found in an order passed under Section 245D(4)[clause (c) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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