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The Assessing Officer had then taken up an entirely different stand. He invoked the provision under Section 115 JC of Income Tax Act. Therefore, the assessment orders were then challenged before this Court by stating that when Section 115 JC was not at all invoked in the first instance in the orders in the original, the order of the Assessment Officer invoking the same after the matters had been remanded, was not proper and not justified. The other grounds raised were with respect to the issues of promissory estoppel and with respect to violation of principles of natural justice.

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Sec. 153A of Income Tax Act, 1961 - Assessment - Any tax holiday can be granted to a person who declares a truthful return. It cannot and should not be granted to the person who claims that he purchased medical equipments in the guise of treating poor persons for a sum of Rs. 2,32,79,760/- and it is subsequently found that the entire transaction is bogus. The assessment order has been straight away challenged before High Court. The writ petitioner had not filed any appeal, even though the law provides him opportunity to do so. He had chosen the alternate method of coming before High Court. A rectification application was filed as against the assessment order and the same has also been rejected by the Assessing Authority and the rejection order was passed before filing the writ petition. However, the said fact has been suppressed. Writ petition is dismissed holding that ”the petitioner cannot complain about violation of any principle relating to natural justice. An assessment order has been passed. An appellate remedy is available. The petitioner has consciously decided to forego that remedy“. S. GURUSHANKAR Vs. CIT [2020] 427 ITR 175 (MAD)

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