9911796707
TMI Blog2013 (12) TMI 612X X X X Extracts X X X X X X X X Extracts X X X X ..... become final between the parties on the date when section 142A was inserted by Finance (No. 2) Act, 2004 - Following CIT vs. Gulam Mohammad [2009 (8) TMI 635 - ALLAHABAD HIGH COURT] - The proviso to section 142A states that the provisions shall not apply where the assessment has become final before the applicability of this section - Decided against Revenue. - Income Tax Appeal No. - 183 of 2005 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dition? 2.Whether on the facts and in the circumstances of the case, the Tribunal has erred in law by holding that the inquiry conducted by the Departmental valuation officer is not an inquiry conducted by the A.O. while issuing commission under Section 131 (1) of the Income Tax Act, 1961? 3.Whether on the facts and in the circumstances of the case, the Tribunal has erred in law by holding tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sri Rakesh Kumar learned counsel for the assessee has justified the impugned order passed by the Tribunal. After hearing the learned counsel and on perusal of record, it appears that an identical issue has come up before this Court in Income Tax Appeal Defective No.99 of 2004 (CIT vs. Gulam Mohammad) decided on 19.08.2009. The relevant portion, on reproduction, reads as: "Relying on the provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onclusive on or before that date, except in cases where a reassessment is required to be made in accordance with the provisions of Section 153A" We find that in the present case, the reassessment proceedings would be hit by the proviso as it also forms part of section 142A of the Act, inserted by Finance (No. 2) Act, 2004 with effect from 14th November, 1972. The proviso has been reproduced abov ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
