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2018 Supreme(Mad) 444

M.DURAISWAMY
Mala Exports Corporation, Rep by Partner V. Sadasivam – Appellant
Versus
Assistant Commissioner of Income Tax, Circle-XV, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:R. Thiagarajan, Senior Counsel for V. Sanjeevi, Advocate.
For the Respondent: Hema Muralikrishnan, Senior Standing Counsel.

JUDGMENT :

1. The petitioner has filed the above Writ Petition to issue a writ of certiorari to call for the records of the respondent relating to the assessment order dated 30.03.2006 in respect of the Assessment Year 1987-88 and quash the same.

2. It is the case of the petitioner that there was a search and seizure under Section 132 of the Income Tax Act in relation to the transaction during the year 1985-86 (Assessment Year 1987-88) on 13.12.1988. The petitioner's assessment was completed for the Assessment Year 1987-88 under Section 143(3) of the Income Tax Act on 27.03.1989. Thereafter, under Section 263 of the Income Tax Act, the assessment was reopened on 13.09.1989.

2.1. Against the order of reopening of the assessment, the petitioner filed an Appeal before the Income Tax Appellate Tribunal on 01.12.1989. While the said Appeal was pending, the reassessment was completed and an order was passed on 31.03.1992. Challenging the same, the petitioner filed an Appeal before the Commissioner of Income Tax (Appeals) on 28.04.1992. On 21.09.1992, the Income Tax Appellate Tribunal passed the order in the Appeal filed against the order of reopening of the assessment stating that when fres










































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