C. MALATHY Vs. INCOME-TAX OFFICER

JUDGEMENT

(1.) ORIGINALLY , the following question of law was framed:

(2.) SUBSEQUENTLY , it was redrafted and the following substantial question of law is raised for consideration.

(3.) THE assessment was held to be barred by limitation by the Tribunal. Against that, the Department filed Tax Case (A) No. 55 of 2004. By order dated February 26, 2007, this Court held that, 'A perusal of the retrospective amendment introduced in this proviso along with the Explanation inserted shows that the requirement of notice under Section 143(2) within the time limit specified is mandatory in all cases in respect of returns furnished on or after October 1, 2005. However, with reference to returns filed from October 1, 1991, to September 30, 2005, the plea of limitation in respect of returns filed pursuant to the notice under Section 148 will not invalidate the assessment proceedings and that such notice would be deemed to be a valid notice. Considering the retrospective amendment, the order of the Tribunal has to be set aside.' In this view, the matter was remitted to the Tribunal, 'to pass orders on the claim of the assessee.'