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Issues Involved:
The judgment addresses the issue of whether the assessee was entitled to challenge the jurisdiction assumed by the Income-tax Officer under section 147(b) during proceedings related to the restoration of appeals for the assessment years 1972-73 and 1973-74. Details of the Judgment: The case involved the assessment years 1972-73 and 1973-74 concerning an agricultural estate where surplus was generated but borrowings were lent to sister concerns instead of being returned. The Income-tax Officer reopened the assessment based on audit objections, disallowing interest payments made by the estate. The assessee raised contentions against the reassessment, arguing the invalidity of the reopening and the validity of interest payment deductions. The first appellate authority rejected these contentions, leading to appeals before the Tribunal. The Tribunal upheld the reassessments but remanded the matter to the first appellate authority for further consideration. Subsequently, the Assistant Commissioner set aside the assessments for fresh consideration, in line with the Tribunal's observations from an earlier order dated July 31, 1978. The Tribunal rejected the assessee's appeal, stating that the earlier orders had attained finality as the matter was not referred to the High Court. The Tribunal's decision was challenged by the assessee, contending that the earlier order's finality could be reconsidered. However, the Revenue argued that without challenging the initial order, subsequent orders could not be disputed. Citing legal precedents, the court affirmed that finality of orders must be respected unless lawfully disturbed. Rulings from cases such as Seshasayee Paper and Boards Ltd. v. IAC of I.T. and M. K. Mohammad Kunhi v. CIT emphasized the significance of upholding final decisions made by tribunals. Referring to the decision in S. P. Gramophone Co. v. ITAT, the court reiterated that unchallenged remand orders cannot be revisited in subsequent proceedings. In conclusion, the court upheld the Tribunal's view that the earlier orders from July 31, 1978, had achieved finality. The question of law regarding the assessee's entitlement to challenge the jurisdiction under section 147(b) was answered in the negative, ruling against the assessee.
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