CHETTINAD CORPORATION P. LTD. VS COMMISSIONER OF INCOME-TAX, 1993 PTD-SUPREME-COURT-INDIA 1001 (1993)

(Appeal from the judgment and order dated April 8, 1983, of the Madras High Court in T.C. No.1545 of 1977).

Income-tax---

----Reassessment---Reopening only for benefit of Revenue ---Assesse4 not entitled to agitate matters concluded in original assessment and not dealt with in reassessment proceedings---Income Tax Act, 1961, S.147---Indian Companies Income (Profits) Surtax Act, 1964, S.8.

Against that part of the decision of the Madras High Court in Chettinad Corporation P. Ltd. v. CIT (1984) 147 ITR 57, to the effect that reopening an assessment could only be for the benefit of the Revenue and all items of disallowance or relief claimed by the assessee which are not relevant to the items which are the subject-matter of the enquiry during reassessment cannot be considered at the stage of reassessment, an appeal was preferred to the Supreme Court. The Supreme Court dismissed the appeal.

CTT v. Sun Engineering Works P. Ltd. (1992) 198 TTR 297 (SC) fol.

Chettinad Corporation P. Ltd. v. CIT (1984) 147 ITR 57 affirmed on this point.

Rajiv Bansal and Raju Ramachandran, Advocates for Appellant.

Dr, M.B. Rao and Ms. A. Subhashini, Advocates for Respondent.

JUDGMENT

This appeal arises out of and is directed against the judgment dated April 8, [983, of the High Court of Madras in Tax Case No.1545 of 1977. Reference No.1090 of 1977---(1984) 147 ITR 57.

Learned counsel on both sides submit that the point raised in the appeal is covered by the pronouncement of this Court in CIT v. Sun Engineering Works P. Ltd. (1992) 198 ITR 297 in which the judgment under appeal in the present case is referred to and approved.

For the reasons contained in and following the said pronouncement, CIT v. Sun Engineering Works P. Ltd. (1992) 198 ITR 297 (SC), this appeal is dismissed. No costs.

M.BA./2294/TAppeal dismissed.