Three tax case appeals filed under Section 260A were recently admitted regarding reassessment proceedings. The court dismissed all appeals by invoking the Low Tax Effect Circular dated 17.09.2024, keeping the substantial questions of law open without deciding them.
Appeals dismissed under Low Tax Effect; questions of law kept open.
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.
T.C.A.Nos.1231 to 1233 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.11.2024
CORAM :
THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE C. SARAVANAN
T.C.A.Nos.1231 to 1233 of 2015
Commissioner of Income Tax Trichy
.. Appellant in all T.C.As
Vs.
Saranathan Academy of Higher Education Venkateswara Nagar, Panjappur Tiruchirapalli – 620 012. ..
.. Respondent in all T.C.As
Prayer in T.C.A.No.1231 of 2015: Appeal filed under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal Madras "C" Bench, dated 30.04.2014 in I.T.A.No.1211/Mds/2013;
Prayer in T.C.A.No.1232 of 2015: Appeal filed under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal Madras "C" Bench, dated 30.04.2014 in I.T.A.No.1212/Mds/2013;
Prayer in T.C.A.No.1233 of 2015: Appeal filed under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal Madras "C" Bench, dated 30.04.2014 in I.T.A.No.1213/Mds/2013.
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T.C.A.Nos.1231 to 1233 of 2015
For the Appellant : Mrs.V.Pushpa in all T.C.As Senior Standing Counsel For the Respondent : Mr.A.S.Sriraman in all T.C.As
COMMON JUDGMENT
(Order of the Court was made by R.SURESH KUMAR, J.)
These tax case appeals were admitted by this Court on
20.01.2016 on the following substantial questions of law:-
"1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the reassessment proceedings initiated for the assessment year 2005-2006 is bad in law on the grounds that it was initiated after a period of four years from the end of the financial year when the notice under section 148 was issued well within the period of four years on 12.6.2009?
2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the reassessment proceedings initiated for the assessment year 2006-2007 and 2008-2009 is bad in law on the ground that there is no failure on the part of the assessee to furnish full and true particulars at the time of assessment and reassessment proceedings were not based on any fresh material when the explanations 1 to section 147 stipulates that mere furnishing of particulars at the time of return does not amount to full and true disclosure?
3. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the reassessment proceedings initiated within the period of four years for the assessment year 2008-2009 is bad in law when no assessment under section 143(3) made and only an initiation
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T.C.A.Nos.1231 to 1233 of 2015
under section 143(1) was passed and when the explanation 1 in section 147 which stipulates that mere furnishing of a particular at the time of return, cannot be treated as full and true disclosure of the assessee?"
Neutral Citation:Yes/No
drm
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T.C.A.Nos.1231 to 1233 of 2015
R. SURESH KUMAR, J. AND C. SARAVANAN, J.
(drm)
T.C.A.Nos.1231 to 1233 of 2015
05.11.2024
Page 4 of 4
3 issues framed by the court
Whether the Tribunal was right in holding that reassessment proceedings initiated after four years are bad in law.
Whether reassessment proceedings requiring failure to furnish full and true particulars or fresh material were correctly upheld by the Tribunal.
Whether reassessment proceedings valid when initiated within four years but based only on part 1 assessment and not assessment under section 143(3).
3 provisions across 1 enactments
Commissioner of Income Tax Trichy
Saranathan Academy of Higher Education Venkateswara Nagar
R. SURESH KUMAR
C. SARAVANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
