2001 (7) TMI 271

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..... me-tax, Cochin, dated 15-3-1991 invoking the jurisdiction invested in him under section 263 of the Income-tax Act, 1961. 2. For the assessment years 1986-87 and 1987-88, under appeal, the assessee M/s. Abad Fisheries, Cochin 2, was assessed in the status of a registered firm determining the total income at Rs. 19,58,450 and Rs. 22,790 respectively. The assessments were completed under section 14 .....

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..... under the import licence. The Commissioner of Income-tax held that such sales were effected in India and hence the profits arising from such sales cannot be taken into consideration for the purpose of section 80HHC. The Commissioner of Income-tax, therefore issued notice to the assessee proposing to set aside the intimation communicated under section 143(1)(a) invoking the jurisdiction under secti .....

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..... sessee is aggrieved and is in appeal before the Tribunal. 5. The learned representative of the assessee submitted that the scope of section 143(1)(a) is very limited. Under this section, the Assessing Officer is allowed to make certain adjustments to the income or loss declared in the return with respect to any arithmetical errors, accounts, documents, loss of carry forward deduction, allowance .....

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..... ive submitted that under section 143(1)(a) of the Income-tax Act, 1961, the intimation is nothing but an order. According to the learned departmental representative if an interpretation is given to the effect that section 263 is not applicable when there is Intimation under section 143(1)(a) then the interest of Revenue is defeated and the defeat of the interest of Revenue itself is erroneous and, .....

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..... ers cannot be decided in the process of an intimation envisaged under section 143(1)(a)(i). An intimation under section 143(1)(a)(i) does not become erroneous for the reason that the Assessing Officer has not considered an item which could not be considered within the purview of section 143(1)(a)(i). What could not be considered under section 143(1)(a)(i) could not be insisted to be considered by .....

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