M/S Santhimadom Ayurnikethan Health Resort & Research Institute Trust, Kochi vs. ACIT Central Circle -2, Kochi
In the result, the assessee’s appeals are allowed for statistical purposes
ITA 919/COCH/2022[2009-10]Status: DisposedITAT Cochin02 May 2024AY 2009-10
Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal
For Appellant: Shri Mathew Joseph, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 153ASection 153CSection 234A
…ved; there being no dispute that the proceedings were in the instant case restored before the AO with definite findings by the Tribunal. Rather, where the set aside was itself a subject matter of further appeal, it was held in CIT v. P.N. Krishna Kumar [2002] 254 ITR 31 (Ker) that the Tribunal was, in appeal, to decide the question of the validity of the impugned order notwithstanding that the final assessment had been made inasmuch as there cannot be two assessments and, two, the appeal proceedings are only a continuation of the assessment proceedings. We can multiply examples; the case law in the matter being l…