Commissioner of Income Tax vs Sundaram Spinning Mills

This is an appeal by the Revenue against the judgment and order of the High Court at Madras (see Commissioner of Income Tax Vs. Sundaram Spinning Mills and Others, . The High Court answered in the affirmative and in favour of the assessee, the following question (page 215):

"Whether, the Appellate Tribunal is correct and justified in law in holding that the expression 'an assessment' to be made u/s 143(3), used in Section 144B, is confined only to the assessment to be made u/s 143 and does not cover reassessment to be made u/s 147 of the income tax Act with the consequence that the procedure prescribed u/s 144B and extended time limit provided in the Explanation to Section 153(1) is not available to reassessment to be made u/s 147 ?"

The identical issue was raised before this court in the case of R. Dalmia and Another Vs. Commissioner of Income Tax, , and, following that judgment, the judgment and order of the High Court must be reversed and the question answered in the negative and in favour of the Revenue. Order on the appeal accordingly. No order as to costs.