2008 (1) TMI 207

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....AIR J.—1. The common question raised in both the appeals is against the disallowance of interest in the computation of income from a theatre by name "Pandyan Theatre" in which the appellant was a partner. It is seen from the orders produced that the disallowance was made following an earlier order of the Tribunal. However, learned counsel for the appellant contends that the disallowance of inter....

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....cide the appeals if the factual basis on which the Tribunal disallowed the claim was wrong. It was for the appellant to have brought the facts on record at the time of argument before the Tribunal. We, therefore, leave open the said issue for the appellant to make a rectification application before the Tribunal, if the same is otherwise maintainable. However, since the time for making rectificatio....

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....he Act and revised under section 147 of the Act. It is conceded that notice under section 148 of the Act was issued within the time prescribed under section 149 of the Act and reassessment was also completed within the time limit prescribed under section 153 of the Act. However, the appellant's case is that after issuing notice under section 148 of the Act, the assessment has to be completed in ac....

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.... questions raised and considered in the reassessment was answered by the assessee. However, the assessee has written in paragraph 7 of the said reply that he was not issued any notice under section 143(2) of the Act. In the normal course, a detailed reply in this nature is furnished only after issuing a notice under section 143(2) of the Act. In any case, we find that after the assessee filed anne....