Modification of partner’s assessment - No assessment made of firm
Last updated: 20 June 2007
Court :
High Court of Madras
Brief :
A:
Citation :
June, 14th 2007
291 ITR 63
Followed Hansraj Dhingra vs Union of India And Others 98 ITR 397
AY 1986-87. The assessee was a partner in a firm. His return had been processed under s.143(3) of the Income Tax Act 1961 wherein he had returned a share of loss from the firm. However, the firm filed its return belatedly and the same had been lodged i.e. no assessment was made. Therefore, the assessee’s assessment could not be modified under s.155(1) of the Act by adopting the share of loss as nil particularly when no assessment was made and the return had only been lodged.
S.155(1) of the Income Tax Act 1961
High Court of Madras
CIT vs S. Subramaniam
T.C.(A) No. 266 of 2001
P.D. Dinakaran and Chitra Venkataraman, JJ
3 January 2007
Mr. T. Ravikumar Junior Standing Counsel for the Appellant
Mr. R. Vijayaraghavan for the Respondent
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CA Nikita
Published in Income Tax
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