1996 (12) TMI 10

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.... the Aluminium Industries Limited, Kundara, an assessee on the files of the Deputy Commissioner of Income-tax (Assessment), Special Range, Trivandrum. For the assessment years 1989-90 and 1990-91, the petitioner filed returns in respect of its income under the Income-tax Act, 1961, declaring total losses of Rs. 11,92,81,260 and Rs. 11,39,10,709, respectively, as worked out in the statement marked ....

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....y also levied an additional tax amounting to Rs. 2,33,509. Similarly, for the assessment year 1990-91, the assessing authority in exhibit P-2 intimation also levied an additional tax amounting to Rs. 1,26,428 under section 143(1A) of the Act. Aggrieved by the order levying additional tax for the assessment years 1989-90 and 1990-91, the petitioner preferred revision petitions before the Commission....

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....ditional tax on assessed losses after adjustments. The petitioner has, by way of amendment, sought additional relief for quashing section 143(1A) and in particular sub-clause (B) of clause (a) to the extent it levies additional income-tax on the loss declared by the assessee and also for a declaration that section 143(1A)(a)(B) is ultra vires the provisions of articles 14, 19 and 265 of the Consti....