COMMISSIONER OF INCOME TAX Vs. ASHOK PAPER MILLS

JUDGEMENT

(1.) LEAVE granted.

(2.) BY reason of the impugned judgment a Division Bench of the Gauhati High Court following an earlier decision rendered by another Division Bench in CIT vs. Sati Oil Udyog Ltd. 2002 (2) GLT 257 has disposed of the appeal preferred by the respondent. Our attention has been drawn to a judgment of this Court in Asstt. CIT vs. J.K. Synthetics Ltd. (2001) 166 CTR (SC) 498 : (2001) 251 ITR 200 (SC), wherein the effect of the amendment of s. 143(1A) of the IT Act with retrospective effect has been considered. We are, therefore, of the opinion that the matter should be considered afresh by the Division Bench of the Gauhati High Court in the light of the said judgment of this Court. Accordingly, the impugned judgment is set aside and the matter is remitted to the High Court for consideration thereof afresh.

(3.) THE appeal in disposed of with the aforementioned direction.