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TMI Blog2007 (6) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... nt case - TCA 408/2007 - - - Dated:- 5-6-2007 - P.D.DINAKARAN and P.P.S.JANARTHANA RAJA JUDGMENT The judgment of the court was delivered by P.D.DINAKARAN,J. The above tax case appeal is directed against the order of the Income-tax Appellate Tribunal in ITA No.989/Mds/2006 dated 24.11.2006, raising the following substantial questions of law. "(a) Whether on the facts and in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considering the investment in building. As the Commissioner of Income Tax (Appeals) directed that unexplained investment in the construction of commercial complex at Simco Meter Road, Trichy had to be assessed in the ratio of 1:3 for the assessment year 1996-97 and 1997-98, fixing the amount for the assessment year 1996-97, a notice under Section 148 of the Act was issued for reassessment. Pursu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the order of the Tribunal dated 31.12.2003 made in assessee's own case in ITA No.1499/Mds/2003, reads as follows : "Consideration of the rival submissions made by both the parties in the light of the facts and circumstances of the case and also in the light of the decision of the Hon'ble Apex Court, which was relied on by the Id. representative of the assessee, we find that the Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d and accordingly we set aside the orders of the lower authorities. Thus the issue in the present case is decided in favour of the assessee." 5. In the instant case, the Tribunal, holding that the said order dated 31.12.2003 had become final, refused to apply the amendment to Section 142A, as nothing was contained in Section 142A in respect of amendment made on or before 30.9.2004 and whether ..... X X X X Extracts X X X X X X X X Extracts X X X X
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