Commissioner Of Income-Tax vs M/S.K.M.Sugar Mills Ltd.
2012 Latest Caselaw 93 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- INCOME TAX APPEAL No. - 94 of 2012
 

 
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