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TMI Blog2003 (10) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... on (1A) applied and the additional tax could be imposed – Thus Tribunal was not correct in holding that additional tax under section 143(1A) was not leviable on the assessee - - - - - Dated:- 27-10-2003 - Judge(s) : K. S. RADHAKRISHNAN., C. KURIAKOSE. JUDGMENT The judgment of the court was delivered by K.S. Radhakrishnan J.-This is a reference under section 256(1) of the Income-tax Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 143(1)(a) on the reduced loss of Rs. 3,40,930, additional tax of Rs. 24,450 was levied under section 143(1A). The assessee then filed a petition for rectifying the intimation and deleting the additional tax. The Assessing Officer rejected the request for rectification. Appeal preferred by the assessee was also dismissed. The assessee took up the matter before the Tribunal. The Tribunal howe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal tax was not free from doubt and there could be two views on that. We notice that the position has been resolved by the apex court in Asst. CIT v. J.K. Synthetics Ltd. [2001] 251 ITR 200. The apex court reversed the decision of the Delhi High Court in J.K. Synthetics Ltd, v. Asst. CIT [1993] 200 ITR 584 and held that the retrospectively substituted sub-section (1A) made it clear that even where ..... X X X X Extracts X X X X X X X X Extracts X X X X
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