9911796707
TMI Blog2021 (6) TMI 634X X X X Extracts X X X X X X X X Extracts X X X X ..... KARNATAKA HIGH COURT ] .Therefore, substantial question of law Nos.2 to 5 are answered against the revenue Validity of assessment - absence of notice under Section 143(2) - HELD THAT:- Since the issue with regard to validity of the proceedings on account of absence of notice under Section 143(2) of the Act has not been examined by the Tribunal, therefore, we set aside the order of the Tribunal and remit the matter to the Tribunal to consider the effect of the assumption of jurisdiction by the Assessing Officer on account of non issuance of notice under Section 143(2) of the Act. Since the matter is being remitted to the Tribunal therefore, it is not necessary for us to deal with the first substantial question of law. - I.T.A. NO.183 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mputation of book profit as per MAT provisions requires the provision for bad and doubtful debts to be added back and consequently book profits under MAT provisions are to computed for such earlier assessment years in accordance with amended scheme of the Act and further such amended computation ought to form the basis of computation of MAT for the subsequent years and accordingly the authorities below ought to have allowed the reduction of ₹ 16,11,65,105/- under proviso to clause (i) of Explanation 1 to section 115JB(2), on the facts and circumstances of the case? (iv) Without prejudice, whether the Tribunal in law failed to appreciate that the appellant had added back the provision for bad and doubtful debts for certain years a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act, the Assessing Officer did not grant relief with respect of disallowance of provision for bad and doubtful debts written back, disallowance of estimated expenses under Section 14A of the Act and indexation benefit of long term capital gains under Section 10(38) of the Act, under Section 115JB of the Act. The assessee as well as the revenue filed an appeal before the Tribunal. The Tribunal by an order dated 09.12.2016 inter alia upheld the disallowance of deletion of write back of provision for bad and doubtful debts for the determination of book profits under Section 115JB, disallowance of estimated expenses under Section 14A of the Act is to be added back for the determination of book profits under Section 115JB and deleted the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce of notice under Section 143(2) of the Act. 5. On the other hand, learned counsel for the revenue has not disputed the fact that first two issues have been answered by this Court in favour of the assessee. However, with reference to the third aspect namely absence of notice under Section 143(2) of the Act, it is submitted that the aforesaid issue has been rendered academic as the controversy has already been decided on merits in favour of the assessee. 6. We have considered the submissions made on both sides. Admittedly, the first three issues involved in this appeal are covered by decisions of this Court in the case of the assessee as well as in GOKALDAS IMAGES P. LTD., supra . Therefore, substantial question of law Nos.2 to 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
