1987 (1) TMI 10 - HC - Income Tax

Summary

Issues:
1. Validity of assessment completed on May 2, 1977 in terms of time limitation.
2. Justifiability of the addition of Rs. 1 lakh sustained by the Appellate Assistant Commissioner.

Analysis:

Issue 1:
The assessment for the year 1974-75 was completed by the Income-tax Officer under section 143(3) read with section 144B of the Income-tax Act, 1961. The assessee contended that the assessment completed on May 2, 1977, was invalid due to limitation. The counsel argued that there was only one draft assessment order issued on March 15, 1976, and the directions issued by the Inspecting Assistant Commissioner were part of the original draft order. The court held that there was only one draft order, and the directions issued were in line with the provisions of section 144B(4). Therefore, the assessment made on May 2, 1977, was within the prescribed time and valid. Question No. 1 was answered in favor of the Revenue.

Issue 2:
The Appellate Assistant Commissioner had sustained an addition of Rs. 1 lakh out of the total additions made by the Income-tax Officer. The assessee appealed to the Income-tax Appellate Tribunal contending that no addition was justifiable based on the facts and circumstances of the case. The Tribunal, after considering the facts, held that no additions were warranted. The Accountant Member concurred that the sales were properly accounted for and no understatement was found. Therefore, the Tribunal's finding that no additions were necessary was upheld by the court. Question No. 2 was answered in favor of the assessee.

The court directed the parties to bear their respective costs in the tax referred cases and ordered the forwarding of a copy of the judgment to the Income-tax Appellate Tribunal, Cochin Bench.