9911796707
TMI Blog1998 (4) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... iness at No. 712, Anna Salai, Madras-6, is a private limited company engaged in the business of printing and publishing an evening daily newspaper called "Chennai Malai Murasu". The assessee filed a return on November 12, 1975, declaring a net loss of Rs. 1,485 for the assessment year 1975-76. On February 18, 1978, the Income-tax Officer, after examining the books of account produced by the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ending assessments and the acts of the Income-tax Officer, following the procedure prescribed in that section, soliciting the instructions of the Inspecting Assistant Commissioner and calling for objections from the assessee was bad in law. Overruling such an objection, the Commissioner of Income-tax (Appeals) confirmed the assessment. Aggrieved by the order passed by the Commissioner of Income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Income-tax Act. On those findings, the Tribunal, at the instance of the assessee, referred the question of law, as below, for the opinion of this court : "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the provisions of section 144B of the Income-tax Act coming into force from January 1, 1976, are applicable to the assessee's cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1, 1976, with regard to those assessments which had not been completed. In Golcha Properties Pvt. Ltd. v. CIT [1994] 209 ITR 80 (Raj), their Lordships of the Rajasthan High Court expressed the view that if a procedural provision was enacted in a legislation, then it would apply to all pending assessments. Section 144B of the Income-tax Act is merely procedural and is intended to provide an oppo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ps stated therein that the provisions of section 144B of the Income-tax Act are procedural in nature and are applicable to all pending assessments. For the reasons above, we are of the view that the Appellate Tribunal was right in holding that the provisions of section 144B of the Income-tax Act coming into force on January 1, 1976, are applicable to the assessee's case for the assessment year 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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