2008 (2) TMI 576

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....pellant and SriM. V. Seshachala for the respondent. 2. The assessee feeling aggrieved by the order dated May 29, 2003, passed by the Income-tax Appellate Tribunal, Bangalore Bench, in I. T. A. No. 568/ Bang/99 for the assessment year 1994-95 is before us challenging the same under section 260A of the Income-tax Act, 1961 (hereinafter referred to as "the Act"). 3. The appeal before the Tribun....

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....sociation of persons under section 184(5) of the Act as there was a default committed by the assessee as mentioned under section 144 of the Act. 6. In response to the notice issued under section 143(2) the assessee along with the accountant of the assessee appeared and produced the books of account and other details. The same were verified. The assessee had claimed interest on capital of Rs. 99....

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....ns basically relying on a judgment of the Supreme Court in the case of CIT v. Smt. P. K. Noorjahan [1999] 237 ITR 570. 7. Even though the appellant has formulated four substantial questions of law, but after having heard learned counsel for the parties and after perusal of records, we are of the considered opinion that it is to be heard only on the following substantial question of law: "(1)....

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.... part of the assessee as enumerated in section 144, the direction in section 184(5) that the firm should be assessed as an 'association of persons' is mandatory.  But the question is whether there is a failure as mentioned in section 144. Section 144 provides that in the event of there being any of the three failures as enumerated in sub-section (1) of section 144, after giving due opportunit....