The High Court dismissed tax case appeals filed by the Revenue against block assessments of the Appellate Tribunal. The appeals were withdrawn by the Revenue due to the low tax effect below the threshold prescribed in C.B.D.T. Circular No. 17/2019.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.6.2020
CORAM :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
TAX CASE APPEAL NOS.1341 & 1342 OF 2010
Commissioner of Income Tax-I, Coimbatore ...Appellant
Vs M/s.Lakshmi Industries, Coimbatore ...Respondent
APPEALS under Section 260A of the Income Tax Act, 1961 against the common order dated 09.4.2010 made respectively in IT (SS)A.Nos.119 and 138/Mds/2005 on the file of the Income Tax Appellate Tribunal, Chennai 'D' Bench respectively for the block periods 05.4.1995 to 29.7.1999 and 01.4.1989 to 29.7.1999 Appeal filed against the order of the Commissioner of Income Tax (Appeals)I, Coimbatore in Appeal No. 156/2001-2002 P.A. No. L6314 against the Assessment order for the Assessment year 05.04.1995 to 29.07.1999,01.04.1989 to 29.07.1999 on the file of Deputy Commissioner of Income Tax, Special Investigation Circle II, Coimbatore.
For Appellant: Mr.T.R.Senthilkumar, SSC assisted by Ms.K.G.Usharani, SC
For Respondent:No appearance
COMMON JUDGMENT
(Judgment was delivered by T.S.Sivagnanam,J)
We have heard Mr.T.R.Senthilkumar, learned Senior Standing Counsel assisted by Ms.K.G.Usharani, learned Standing Counsel appearing for the appellant – Revenue.
“Whether, on the facts and circumstances of the case, the Appellate Tribunal was right in holding that the proceedings initiated by the Assessing Officer under Section 158BC was null and void and accordingly, annulled the block assessment even though the issue of notice under Section 158BC is merely an act within the jurisdiction of the Assessing Officer to assess the undisclosed income and hence, any error in issuing such notice will not render the undisclosed income and hence, any error in issuing such notice will not render the entire proceedings invalid, such errors are rectifiable under Section 292B of the Act ?”
-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
TCA.Nos.1341 & 1342 of 2010
KS(CO) SP(03/09/2020)
1 provisions across 1 enactments
Commissioner of Income Tax-I, Coimbatore
M/s. Lakshmi Industries, Coimbatore
T.S.Sivagnanam
Pushpa Sathyanaarayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
