ITA No. 1265 of 2009 · Kerala High Court
Case at a glance
- Decided
- 17 Nov 2009
- Bench
- V K MOHANAN
Provisions considered
- Finance Act, 2001 ss. 148, 153(2)
Judgment
C.N.RAMACHANDRAN NAIR &V.K.MOHANAN, JJ.....................................................................I.T. Appeal No.1265 of 2009....................................................................Dated this the 17th day of November, 2009.JUDGMENTRamachandran Nair, J.Heard Senior counsel appearing for the appellant and counsel appearing for the respondent-assessee. The appeal is filed against the order of the Tribunal holding that assessment completed under Section147 is time barred for the reason that notice was not issued under Section 143(2) within the statutory period. However, the Tribunal'sorder stands neutralised by virtue of the amendments introduced to Sections 148 and 153(2) of the Finance Act, 2001 with retrospective effect whereunder assessment gets validated, no matter whether there was timely issue of notice or not. Based on the amendment we allow the appeal by vacating the order of the Tribunal and that of the first appellate authority and remand the matter to the C.I.T.(Appeals) for 2reconsideration of appeal on other issues. The assessee is free to challenge reopening under Section 147 on other grounds.C.N.RAMACHANDRAN NAIRJudgeV.K.MOHANANJudgepms
Questions this judgment answers
Which statutory provisions did this judgment involve?
Finance Act, 2001 — ss. 148, 153(2).
Which court decided this case, and when?
Kerala High Court, on 17 Nov 2009. The bench was V K MOHANAN.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.