2023 (1) TMI 102

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.... Ravikumar For the Petitioner(s) : Mr. Sree Gurukrishna, SR. Adv., Mr. Roy Abraham, Adv., Ms. Reena Roy, Adv., Mr. Akhil Abraham, Adv., Mr. Yaudhinder Lal, Adv., Ms. Purva, Adv. And Mr. Himinder Lal, AOR For the Respondent(s) : Mr. C. K. Sasi, AOR, Mr. Abdulla Naseeh V.T., Adv. And Ms. Meena K. P., Adv. ORDER The present petition has been filed assailing action of the Revenue Authoriti....

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....d, that will amount to retrospective application to the provision which was neither contemplated nor been permitted under the statute to the Assessing Authority. The High Court after revisiting the Scheme of the Act, 1976 and sub-Section (5) to Section 6, in particular, arrived at a conclusion that the reassessment could have been made at least of previous five years to the amendment made and m....

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....ect to assessment years 2001-02 to 2004- 05. The High Court finally arrived at a conclusion that the reassessment made by the Assessing Authority for the year 2000-01 was beyond the period of 5 years and accordingly reassessment could not have been made and partly relief was granted to the petitioner/company so far as the reassessment year 2000-01 is concerned, but at the same time upheld the r....