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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