Commissioner Of Income Tax vs M/S.K.M.Sugar Mills Ltd.
2012 Latest Caselaw 120 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- INCOME TAX APPEAL No. - 176 of 2011
 

 
Petitioner :- Commissioner Of Income Tax
 
Respondent :- M/S.K.M.Sugar Mills Ltd.
 
Petitioner Counsel :- Ssc/A.N.Mahajan
 

 
Hon'ble Ashok Bhushan,J.

Hon'ble Prakash Krishna,J.

Heard Shri Dhananjay Awasthi, learned counsel for the appellant and Shri Ashish Bansal, learned counsel appearing for respondent.

The appeal is admitted on the following substantial question of law:

2.Whether in view of the above  the ITAT was  justified in law and facts of the case by wrongly applying  the case of Hotel Blue Moon(supra) (regarding section 158BC) where  the Apex Court did not have occasion to examine the case in light of provision of section 292BB of the I.T.Act as this section came into force w.e.f. 01.4.2008 only. The case  Hotel Blue Moon relates to a period prior to 01.4.2008.  

3.Whether the ITAT was justified in law and fact of the case by wrongly placing  the reliance in the case of Rajeev Sharma (Supra) where  the assessee has filed  fresh return in compliance to notice under section 148  and the court held  that in such case it is necessary to issue noitce u/s 143(2). In the instant case notice u/s 153C was issued and served in compliance to which assessee had  not filed any fresh return and instead stated that the original return filed may be treated as filed in compliance to the notice u/s 153C. 

Issue notice to the respondent . Steps be taken within four weeks.

List thereafter.

Order Date :- 10.4.2012

R