Calcutta High Court
Commissioner Of Income Tax vs Veerprabhu Marketing Limited on 10 September, 2008
Author: Pinaki Chandra Ghose
Bench: Pinaki Chandra Ghose
ITA No. 661 of 2008
G.A. No. 2752 of 2008
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ/Civil Appellate/Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
COMMISSIONER OF INCOME TAX, KOLKATA-III Plaintiff/Petitioner/Applicant
Versus
VEERPRABHU MARKETING LIMITED Defendant/Respondent
BEFORE:
The Hon'ble JUSTICE PINAKI CHANDRA GHOSE The Hon'ble JUSTICE SANKAR PRASAD MITRA Date : 10th September, 2008.
The Court :- We are satisfied with the grounds made in the petition for condonation of delay. Hence delay is condonded. Accordingly, the application being G.A. No. 2752 of 2008 is allowed.
After hearing the learned Counsel for the appellant the appeal is admitted and the following substantial question of law is referred for adjudication:
"1.Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is justified in not holding that all assessments were made under section 143(1) of the I. T. Act, therefore, disallowance as per law were not earlier made. As per Section 153© of the I. T. Act assessment is to be made afresh and Income to be assessed or reassessed. The meaning of reassessment is that there is no need to resort to Section 147 of the I. T. Act and to consider the disallowance in the assessment to be made under section 153 of the I. T. Act?
2. Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is correct in misinterpreting the CBDT's Circular No.7 as the same applies to assessments made u/s.143(3), 144 or 147 of the I. T. Act where appeals or rectification application will not abate?
3. Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is correct in law for the fact that the decision of Jharkhan High Court (290ITR 114) has not been properly interpreted as the same does not deal with a situation where assessment are made u/s. 143(1) of the I. T. Act and there is no proposition laid down that disallowance which required to be made if the return was selected for regular assessment u/s. 143(3) or u/s. 147 of the I. T,. Act could not be made u/s. 153A of the I. T. Act? Let the Paper Book be filed within 8 weeks from date. Let the appeal appear for hearing 12 weeks hence.
All parties concerned are to act on a xerox signed copy of this order on the usual undertakings.
Urgent xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(PINAKI CHANDRA GHOSE, J.) (SANKAR PRASAD MITRA, J.) dg/