9911796707
TMI Blog1988 (1) TMI 92X X X X Extracts X X X X X X X X Extracts X X X X ..... turned incomes were accepted by the ITO under s. 143(1) of the IT Act. Subsequently, the ITO found that Form-12 filed by the assessee for continuation of registration was not signed on behalf of minor partner and on that basis sought to open assessment under s. 143(2) (b) of the IT Act by sending proposal to the IAC; who only on 15th Nov., 1984 granted approval to reopen the assessments. The ITO issued certain notices for the above two years as also for the asst. yr.1983-84 which, according to the ITO, remained uncomplied with. He ultimately passed exparte assessment orders under s. 144 of the IT Act on 30th Jan., 1984 for all the three years. 3. The above orders under s. 144 of the IT Act were served on the assessee on 25th Feb., 1984. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h telegram which reached the ITO on 27th March, 1984 were out of time. Shri Verma placed reliance on observations of the learned author Chaturvedi & Pithisaria's "Income-tax Law", 3rd Edition Vol. 3 page 2921 : wherein the learned authors have expressed opinion that as far as February is concerned, "month" means period of 28 days. Shri R.L. Rawaka, appearing for assessee, submitted that expression "month" is not defined under the IT Act and, therefore, definition of the expression "month" as per s. 3(35) of the General Clauses Act has to be adopted. As per the above Act, month means "British calendar month" which, according to the learned counsel, meant period of 30 days or more. Shri Rawka placed reliance on the Division Bench decision of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or a leap year. Let us also take an illustration. Suppose an assessee has time to file the return till 15th Feb., 1975 but actually filed it on 16th March, 1975. If the month is reckoned according to the British Calendar, the default commenced on 16th Feb., 1975 and one month of default expired on 15th March, 1975, and, therefore, the assessee is liable to penalty." Thus, as far as February is concerned, the period covered under the expression "month" will be 28 or 29 days depending upon the year whether the year is an ordinary year or a leap year. The notice of demand in this case admittedly was served on 25th Feb., 1984. The year 1984 being a leap year, the application, under s. 146 of the IT Act could be made within a period of 29 days ..... X X X X Extracts X X X X X X X X Extracts X X X X
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