Court : Guwahati
Decided on : Jun-12-1998
A.K. Patnaik, J.1. In these two writ petitions under Article 226 of the Constitution, the petitioners have challenged the constitutional vires of Section 143(1A) of the Income-tax Act, 1961.2. The facts in Civil Rule No. 2072 of 1993 are that petitioner No. 1 is a limited company registered under the Companies Act, 1956, and is an assessee under the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), and petitioner No 2 is the director and shareholder of petitioner No. 1 company. For the previous period July 1, 1987 to March 31, 1989, petitioner No. 1 (hereinafter referred to as 'assessee'), filed a return on December 27, 1989, showing a total loss of Rs. 1,94,13,440 which included the loss of current year of Rs. 79,36,126 and unabsorbed loss of the previous year of Rs. 1,14,77,316. The Deputy - Commissioner of Income-tax, Assessment, Special Range-I, Guwahati (hereinafter referred to as the 'Assessing Officer'), thereafter sent an intimation dated February 14, 1990, acceptin...
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