2008 (7) TMI 250 - HC - Income Tax

Whether the Tribunal is justified in rejecting the appeal of the assessee on the ground that no specific ground was advanced with regard to the maintainability of assessment under section 158BC - assessee had submitted written note of submission wherein emphasis was laid on the aspect that the assessment made under section 158BC was not maintainable tribunal did not adjudicate the issue relating to validity of assessment made u/s 158BC - order of the Tribunal is set aside matter is remanded

Summary

The High Court of Madhya Pradesh heard an appeal under section 260A of the Income-tax Act, 1961. The substantial question of law was whether the Tribunal was right in rejecting the appeal due to lack of specific grounds on the maintainability of assessment under section 158BC. The appellant argued that the issue was raised in the grounds of appeal and in a written submission. The Court found that there was no adjudication on this matter and set aside the Tribunal's order, remitting the case back to the Tribunal for reconsideration. The appeal was allowed, and no costs were awarded.