1982 (12) TMI 12 - HC - Income Tax

Summary

Issues involved: Validity of assessment based on the duplicate return filed by the assessee in response to notice u/s 148 of the Income Tax Act, 1961 for the assessment year 1962-63.

Summary:
The High Court of Calcutta considered the case where the assessee had share income from a firm but had not filed a return for the assessment year 1962-63. The Income Tax Officer (ITO) issued a notice u/s 148 for filing the return. The assessee claimed to have filed a duplicate return on November 1, 1969, which the ITO did not accept. The Assessing Officer (AO) computed the total income of the assessee at Rs. 1,55,875. The assessee appealed to the AAC who agreed with the ITO that no return was filed on May 10, 1965(?). The Tribunal held that the assessments were validly reopened and completed based on the duplicate return filed by the assessee pursuant to the notice u/s 148, citing the decision in K.S. Ratnaswami v. Addl. ITO [1963] 48 ITR 568 (Mad).

The Tribunal referred a question of law to the High Court under s. 256(1) of the Income Tax Act, 1961, regarding the validity of the assessment based on the duplicate return filed by the assessee. The High Court upheld the Tribunal's decision, citing the principles laid down in K. S. Ratnaswami v. Addl. ITO [1963] 48 ITR 568(Mad), and ruled in favor of the Revenue. The Court found the assessment based on the duplicate return to be valid and in accordance with the law.

In conclusion, the High Court affirmed the Tribunal's decision, stating that the assessments for the years under consideration had been validly reopened and completed based on the duplicate return filed by the assessee in response to the notice u/s 148. There was no dispute regarding the quantum of total income determined for the relevant years. The Court ruled in favor of the Revenue, and no costs were awarded in the case.