1978 (4) TMI 136 - AT - Income Tax

Summary

Issues:
1. Cancellation of registration of the firm under section 186(2) of the IT Act due to non-compliance with notices.
2. Assessment of income under section 144 of the IT Act for the assessment year 1973-74.

Analysis:

Cancellation of Registration:
The Income-tax Officer completed the assessment under section 144 of the IT Act due to non-compliance by the assessee with notices issued under sections 143(2) and 142(1). The Income-tax Officer cancelled the continuation of registration of the firm under section 186(2) of the IT Act. The assessee filed an application under section 146 for re-opening the ex-parte assessment, which was rejected by the Income-tax Officer. The Income-tax Officer observed that the reasons provided by the assessee for non-compliance were not reasonable as the nationalization of coal mines had occurred before the assessment. The Appellate Tribunal noted that the assessee did not respond to show cause notices and failed to provide adequate reasons for the non-compliance. The Tribunal upheld the cancellation of registration, emphasizing that the Income-tax Officer must use discretion before cancelling registration based on the circumstances of non-compliance.

Assessment of Income:
The Income-tax Officer estimated the income of the assessee based on discrepancies in the sales of coal and production of coke. The Officer calculated the income at Rs. 1,94,270, higher than the disclosed profit of Rs. 88,560. The Appellate Tribunal reviewed the estimates made by the Income-tax Officer and reduced the turnover of coal sales while adjusting the profit margin. The Tribunal found the estimates made by the Appellate Authority to be reasonable and fair, considering the past history and available materials. The Tribunal disagreed with the Department's arguments and upheld the assessment order, dismissing the appeals by both the assessee and the Department.

In conclusion, the Appellate Tribunal upheld the cancellation of registration due to non-compliance and confirmed the assessment of income based on reasonable estimates. The appeals by both the assessee and the Department were dismissed in their entirety.