9911796707
TMI Blog2023 (1) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... : Mr. Sree Gurukrishna, SR. Adv., Mr. Roy Abraham, Adv., Ms. Reena Roy, Adv., Mr. Akhil Abraham, Adv., Mr. Yaudhinder Lal, Adv., Ms. Purva, Adv. And Mr. Himinder Lal, AOR For the Respondent(s) : Mr. C. K. Sasi, AOR, Mr. Abdulla Naseeh V.T., Adv. And Ms. Meena K. P., Adv. ORDER The present petition has been filed assailing action of the Revenue Authorities invoking sub-Section (5) of Section 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication to the provision which was neither contemplated nor been permitted under the statute to the Assessing Authority. The High Court after revisiting the Scheme of the Act, 1976 and sub-Section (5) to Section 6, in particular, arrived at a conclusion that the reassessment could have been made at least of previous five years to the amendment made and may not be considered to be retrospective in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court finally arrived at a conclusion that the reassessment made by the Assessing Authority for the year 2000-01 was beyond the period of 5 years and accordingly reassessment could not have been made and partly relief was granted to the petitioner/company so far as the reassessment year 2000-01 is concerned, but at the same time upheld the reassessment's made for the subsequent years 2001-02 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erred by the petitioner/company within 60 days from today before the Appellate Authority against the order of reassessment years 2001-02 to 2004- 05, the same shall be treated to be within a period of limitation and the Appellate Authority may examine the appeal on its own on merits in accordance with law. It is further made clear that all contentions under the law are available for the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X
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