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High Court Of Rajasthan
Judgename : Y.R. Meena,G.S. Misra
Singhal Industries - Appellant
Versus
Income Tax Appellate Tribunal - Respondent
Income Tax Appeal No. 144 of 2002
Decided On : 11/15/2002
CBDT Instruction No. 1942 - Interpretation of Instruction under Section 119 of IT Act, 1961 - The court admitted the appeal to consider whether the CBDT Instruction No. 1942 is issued under Section 119 of the IT Act, 1961 and whether the notice under Section 143(2) issued by the assessing authority was against the instructions of CBDT and thus illegal.
Fact of the Case:
The appellant's appeal was admitted to consider the legality of the notice under Section 143(2) issued by the assessing authority and the subsequent assessment framed thereupon.
Finding of the Court:
The court rejected the stay application and scheduled the appeal for hearing after 3 months.
Issues: Interpretation of CBDT Instruction No. 1942, legality of notice under Section 143(2), and subsequent assessment.
Ratio Decidendi: The court found no grounds for staying the operation of the order passed by the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur.
Final Decision: The stay application was rejected, and the appeal was listed for hearing after 3 months.
1. Heard learned Counsel for the appellant. Considering his submissions, the appeal is admitted in terms of the
following questions.: “Whether the CBDT Instruction No. 1942, dt. 11th July, 1997, is an instruction issued under Section 119 of the IT Act, 1961?” “Whether the notice under Section 143(2) issued by the assessing authority is against Instructions of CBDT was illegal and as such the assessment framed thereupon and further orders issued are annulled/void?”
2. Issue notice to the other side. Notices be made returnable within six weeks. Paper book be filed within 3 months.
3. Heard learned Counsel for the appellant on the stay application also.
4. Considering his submissions, no case in made out for staying the operation of the order dt. 28th March, 2002, passed by the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur. Consequently the stay application is rejected.
5. List the appeal itself for hearing after 3 months.
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