Reassessment proceedings were challenged before the High Court . High Court held that the Assessing Officer was not entitled to adjust loss of brought forward from books of account of transferor-company. However the Single Judge held that re-assessment was without jurisdiction but rendered direction to Assessing Officer to look into other grounds . On appeal the division bench held that when the since Single Judge came to conclusion that re-assessment proceedings were without jurisdiction, Single Judge was barred to issue any further directions to Assessing Officer to look into other grounds . (AY. 2010-11, 2011 -12 )
T. Stanes and Company Ltd. v. Dy. CIT (2021) 435 ITR 539/ 202 DTR 78/ 321 CTR 153/ 277 Taxman 230 (Mad.)(HC) Editorial : Order of single ( 2021 ) 435 ITR 533/ 202 DTR 82/ 321 CTR 157 ( Mad ) (HC)
S. 147 : Reassessment-After the expiry of four years- When re-assessment proceedings to disallow brought forward loss were held to be without jurisdiction, High Court could not issue fresh directions to Assessing Officer to look into other grounds.[S.72 , Art , 226 ]