1998 (4) TMI 29

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....nnai Murasu (P.) Ltd.---having its place of business at No. 712, Anna Salai, Madras-6, is a private limited company engaged in the business of printing and publishing an evening daily newspaper called "Chennai Malai Murasu". The assessee filed a return on November 12, 1975, declaring a net loss of Rs. 1,485 for the assessment year 1975-76. On February 18, 1978, the Income-tax Officer, after examin....

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....t from January 1, 1976, were not applicable to pending assessments and the acts of the Income-tax Officer, following the procedure prescribed in that section, soliciting the instructions of the Inspecting Assistant Commissioner and calling for objections from the assessee was bad in law. Overruling such an objection, the Commissioner of Income-tax (Appeals) confirmed the assessment. Aggrieved b....

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....adumbrated under Explanation 1 to section 153 of the Income-tax Act. On those findings, the Tribunal, at the instance of the assessee, referred the question of law, as below, for the opinion of this court : "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the provisions of section 144B of the Income-tax Act coming into force from J....

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.... even in relation to assessment years prior to January 1, 1976, with regard to those assessments which had not been completed. In Golcha Properties Pvt. Ltd. v. CIT [1994] 209 ITR 80 (Raj), their Lordships of the Rajasthan High Court expressed the view that if a procedural provision was enacted in a legislation, then it would apply to all pending assessments. Section 144B of the Income-tax Act ....