S.C : The appeal has been heard for some time. Counsel are now agreed that the judgment and order under appeal should be set aside and that the matter should now be considered by the assessing authority.

Supreme Court Of India

Assistant Commissioner Of Income Tax vs. VXL India Ltd.

Sections 147, 148

Asst. Year 1989-90

S.P. Bharucha & D.P. Mohapatra, JJ.

Civil Appeal No. 15424 of 1996

8th November, 2000

Counsel Appeared

Harish Salve with Ranbir Chandra & Ms. Sushma Suri, for the Appellant : Joseph Vellapally with Bhargava V. Desai & Ms. Kumud Singh, for the Respondent

ORDER

BY THE COURT :

The appeal has been heard for some time. Counsel are now agreed that the judgment and order under appeal should be set aside and that the matter should now be considered by the assessing authority.

2. The appeal is allowed. The order under appeal is set aside. It is made clear that the assessee shall be entitled to raise all available contentions before the assessing authority and in proceedings thereafter.

No order as to costs.

[Citation : 247 ITR 820]

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