2023 (6) TMI 1511

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... "(i) call for the records relating to Exhibit P2 and P11 and to quash the same by the issue of a writ of certiorari or other appropriate writ, direction or order and direct the Respondents to complete the assessment for 1997-98 on (ii) direct the Respondents to accept on record the audited accounts for assessment year 1997-98 and consider the return filed for Assessment year 1997-98 as valid and complete the assessment on merits. (iii) direct the Respondents to permit the Petitioner to carry forward loss claimed for assessment year 1997-98;" 2. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents. 3. It is submitted by the learned counsel for the petitioner that the pe....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eal before the Commissioner of Income Tax (Appeals) on 02.12.2002 and also filed a revision petition before the 2nd respondent under Section 264 of the Income Tax Act. It is stated that by Exhibit P4, the revision was dismissed on the ground that an appeal is pending before the Commissioner of Income Tax (Appeals). Thereafter, the Commissioner of Income Tax (Appeals), by Exhibit P5 order, considered the appeal and dismissed the same. 2nd appeal preferred before the Income Tax Appellate Tribunal was rejected, since Exhibit P2 order treating return as invalid was found to be not an appealable order. 4. Thereafter, the petitioner preferred a further revision as Exhibit P7 and also filed a petition before the Central Board of Direct Taxes as....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... even within the three months as sought for, another letter was issued by the Assessing Officer on 29.12.1998, informing the assessee that the return would be treated as invalid under Section 139(9). Further three months time was sought for by the Managing Director by letter dated 15.01.1999. By Exhibit P2 letter dated 19.02.1999, the petitioner was informed by the Assessing Officer that the return of income filed in respect of the assessment year 1997-98, based on provisional accounts is invalid under Section 139(9). It is submitted that it was thereafter that a letter dated 26.02.2002 was filed before the Assessing Officer asking to rectify the proceedings, enclosing a copy of the audited accounts. It is stated that by Exhibt P3 letter da....