Itta/68/2002 Of Commissioner Of Income Tax Hyd v. M/S Cheminor Drugs Ltd. Hyd

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDYANDTHE HON’BLE SRI JUSTICE CHALLA KODANDA RAM I.T.T.A.No.68 of 2002 JUDGMENT:(Per Hon’ble Sri Justice L.Narasimha Reddy) The only question that arises for consideration in this appeal isas to whether it is competent for an Assessing Officer to take recourseto Section 143 (1) (a) of the Income Tax Act, 1961 (for short ‘the Act’),for making provisional assessment, once a notice under Section 143(2) of the Act, proposing to undertake regular assessment, was issued. The facts in the instant case are not in dispute. After therespondent filed Returns for the Assessment year 1994-95, theAssessing Officer has chosen to issue notice under Section 143 (2) ofthe Act, seeking certain clarifications and explanations. Even whilethat process was on, he proposed to make the provisional assessmentunder Section 143 (1) (a) of the Act. Recently, in I.T.T.A.No.32 of2002, we took the view through order, dated 24.07.2014, that such acourse is not permissible in law. Following the same, we dismiss the appeal. There shall be noorder as to costs. The miscellaneous petitions filed in this appeal shall also standdisposed of. ______________________ L.NARASIMHA REDDY,J ____________________ CHALLA KODANDA RAM,J