9911796707
TMI Blog2021 (6) TMI 634X X X X Extracts X X X X X X X X Extracts X X X X ..... l was admitted by a Bench of this Court on 05.12.2017 to consider the following substantial questions of law: "(i) Whether the Tribunal is justified in law in not holding that the assessment order itself is bad in law and void ab initio when the notice under section 143(2) of the Act which is mandatory for assumption of jurisdiction by the assessing officer was never issued and served on the assessee in respect of the revised return on the facts and circumstances of the case? (ii) Whether the Tribunal is justified in law in holding that the appellant is not entitled to the reduction of the amount of Rs. 16,11,65,105/- credited to the profit and loss account on account of reversal of provision for bad and doubtful debts under section 115 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y importing the provision of section 14A read with rule 8D into the MAT provisions on the facts and circumstances of the case?" 2. Facts leading to filing of this appeal briefly stated are that assessee is a company and is an undertaking of the Government of Karnataka engaged in financing industrial units in the State of Karnataka. The assessee filed its return of income for the Assessment Year 2008-09 on 30.09.2008. Thereafter, the assessee filed revised return on 09.03.2010. The return was selected for scrutiny. However, it is the claim of the assessee that no notice under Section 143(2) of the Act has been issued for the Assessment Year 2008-09. The assessment was completed under Section 143(3) of the Act. 3. The assessee thereupon fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act for computation of book profit under Section 115JB iii) no notice under Section 143(2) of the Act issued on the revised return. It is further submitted that first issue involved in this appeal has already been decided in favour of the assessee in the case of the assessee itself for other Assessment Years. In this connection, reliance has been placed on judgments dated 05.01.2021 passed in ITA No.409/2014, 05.02.2021 passed in ITA No.11/2021 and 19.04.2021 passed in ITA No.184/2021. It is also submitted that the second issue has also been answered in favour of the assessee by a decision of this Court in 'CIT Vs. GOKALDAS IMAGES P. LTD.' (2020) 122 TAXMANN.COM 160 (KAR.). It is also submitted that no notice under Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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