2016 (3) TMI 150

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..... y not acted upon the ratio laid down in Trustees of H.E.H. The Nizam's Supplemental Family Trust's which squarely applies in the instant case in favour of the assessee [2000 (2) TMI 4 - SUPREME Court ]. The ratio of the said judgment is that in those situations where there is no assessment order passed, there cannot be a notice for re-assessment inasmuch as the question of re-assessment arises onl .....

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..... n the return filed by the appellant/assessee for this Assessment Year, no assessment order was passed. However, much after the last date of the Assessment Year is over, the Assessing Officer sought to re-open the assessment by issuing notice under Section 10 of the Act and thereafter proceeded to re-assess the interest chargeable under the aforesaid Act. The matter was carried in appeal by the ass .....

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..... ent of this Court in Trustees of H.E.H. The Nizam's Supplemental Family Trust v. CIT [2000] 242 ITR 381 SC. The High Court has held that the said judgment would not govern the case at hand. After hearing the learned counsel for the parties, we are of the opinion that the High Court has wrongly not acted upon the ratio laid down in Trustees of H.E.H. The Nizam's Supplemental Family Trust .....

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