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TMI Blog2013 (7) TMI 857X X X X Extracts X X X X X X X X Extracts X X X X ..... come Tax Act, 1961? (2) Whether the Income Tax Appellate Tribunal was right in holding that the Commissioner of Income Tax (Appeals) exceeded his jurisdiction under Section 154 of the Income Tax Act, 1961 by modifying his earlier order?" 2. The assessee is a company and for the Assessment Year 1998-99 had filed return of income declaring "nil" income along with a note claiming that minimum alternate tax provisions under Section 115JA of the Act were not applicable. The Assessing Officer by intimation dated 18th May, 1999 under Section 143(1)(a) of the Income Tax Act, 1961 computed the taxable income under minimum alternative tax, i.e., Section 115JA at Rs.8,46,300/-. He calculated income tax payable, levied interest under Sections 234A an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontrary to and had not followed the order of the predecessor relating to Assessment Year 1997-98. As we perceive, we need not examine this issue in the present appeal and leave this question open. Prima facie, the submission is rather wide. As we feel the appellant is entitled to succeed on question No. 1 and we are inclined to dispose of the appeal on this basis. We are not inclined to pass an order of remand as the appeal relates to Assessment Year 1998-99 and the appeal has remained pending for long. The appellant has stated at the Bar that regular assessment order under Section 143(3) dated 18th December, 2000 has been passed in which income of the assessee has been computed under Section 115JA at Rs.8,46,300/-. This order has been acce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the return or the documents enclosed with the return itself. Computation under minimum alternative tax is cumbersome and at that time, involved several debatable issues. The assessee himself had not done any computation under Section 115JA.
8. In these circumstances, the question No. 1 is answered in negative, i.e., in favour of the appellant-assessee and against the Revenue. As recorded above, the appellant has already paid tax under Section 115JA pursuant to the regular assessment under Section 143(3) dated 18th December, 2000, which has become final. This order does not mean that we have disturbed the said assessment or the amount due and payable under the regular assessment. The appeal is disposed of. X X X X Extracts X X X X X X X X Extracts X X X X
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