COMMISSIONER OF INCOME TAX Vs. SUBRATA ROY

JUDGEMENT

(1.) THE Court: The subject of challenge in this appeal, at the instance of the revenue, is a judgment and order dated 19th November, 2012 by which the learned Tribunal accepted the contention of the assessee that the assessment order was not passed on 31st December, 2008 which was the last date for making the assessment. The ground originally taken before the CIT(A) reads as follows:

(2.) THE aforesaid ground of the assessee before the CIT(A) failed for the following reasons appearing from the order dated 13th November, 2009 passed by the CIT(A).

(3.) THE jurisdictional High Court in the case of India Ferro Alloy Industry Pvt. Ltd. vs. CIT, : 202 ITR 671 (Cal) on the issue involved has held as under: