The Tax Publishers2021 TaxPub(DT) 0125 (Mad-HC)

INCOME TAX ACT, 1961

Section 148

Where assessee submitted that he need not press the challenge against the order of Single Judge, before this Court, in this intra-Court Appeal and assessee might be left free to take appropriate legal remedy against the re-assessment order, if any, passed by the assessing authority, for assessment year 2007-08, thus, appeal was accordingly dismissed as infructuous.

Reassessment - Validity - Unexplained investment under section 69 -

Case of the Revenue was that in pursuance of the order of Single Judge, which was rendered upholding the initiation of proceedings under sections 147 and 148, against the assessee for assessment year 2007-08, the concerned Authority had not so far passed any order. On the other hand, assessee submitted that in view of the long gap of time, the re-assessment under sections 147 and 148, despite the order of Single Judge, had become time-barred. Held: As assessee submitted that he need not press the challenge against the order of Single Judge, before this Court, in this intra-Court Appeal and assessee might be left free to take appropriate legal remedy against the re-assessment order, if any, passed by assessing authority, for assessment year 2007-08. Thus, appeal was accordingly dismissed as infructuous.

REFERRED :

FAVOUR : Against the assessee.

A.Y. : 2007-08



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