9911796707
TMI Blog2008 (10) TMI 65X X X X Extracts X X X X X X X X Extracts X X X X ..... J. Balachander for V. Muthukumarasamy for the appellant. JUDGMENT The judgment of the court was delivered by MRS. PRABHA SRIDEVAN J. - Originally, the following question of law was framed: "Whether the Income-tax Appellate Tribunal was right in law in dismissing the appeal of the appellant without properly appreciating the facts and evidence produced for proving the entries in the books of account pertaining to the loan obtained from various creditors." 2. Subsequently, it was redrafted and the following substantial question of law is raised for consideration. "Whether, on the facts and circumstances of the case, the Tribunal was right in law in remitting the matter back to the file of the Assessing Officer only for the limited pu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ement of notice under section 143(2) within the time limit specified is mandatory in all cases in respect of returns furnished on or after October 1, 2005. However, with reference to returns filed from October 1, 1991, to September 30, 2005, the plea of limitation in respect of returns filed pursuant to the notice under section 148 will not invalidate the assessment proceedings and that such notice would be deemed to be a valid notice. Considering the retrospective amendment, the order of the Tribunal has to be set aside." In this view, the matter was remitted to the Tribunal, "to pass orders on the claim of the assessee." 5. The Tribunal heard the matter again. The assessee had filed return upon notice under section 148 of the Act on July ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n record to show that the assessee was confronted with the Inspector's report in respect of Smt. Sivagamasundari. Therefore, the assessment order, in so far as it relates to the addition of Rs.2,74,700 is violative of the principles of natural justice." 7. No objection was raised by the assessee with regard to the Inspector's report in relation to Lalit Meena and Ravi Kumar. The assessee herself complained of the violation of principles of natural justice only in respect of Sivagamasundari and only in these circumstances, the Assessing Officer was directed by the Tribunal to pass the fresh order after giving an adequate opportunity. 8. The learned counsel for the appellant submitted that the remittal order ought not to have been restricte ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
