9911796707
TMI Blog2012 (12) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... disallowing the excess relief of deduction?" 2. In spite of service of notice on the assessee, there is no representation either in person or through counsel. After hearing learned counsel for the Revenue, following order is passed. 3. It is seen from the discussion in the assessment order that originally the Officer considered the merits of the claim under Section 143(1)(a) of the Income Tax Act and made adjustments thereby disallowing the claim of deduction under Section 80HHC. The assessee went on appeal before the Commissioner of Income Tax (Appeals) and on the intimation sent under Section 143(1)(a) of the Act, the assessee submitted that there could not be any prima facie adjustment on the disputed question of law and on fact. The C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y in the nature of intimation, the Revenue has the jurisdiction to assess the assessee's case as an escaped assessment falling for consideration in the main provision under Section 147 of the Act and proviso has no relevance herein. 5. A reading of Section 147 of the Act reveal that it concerns not only about the reassessment, but it also concerns about the escaped assessment being brought under Section 147 of the Act, as original assessment, which means the assessment hitherto not having been done under the regular assessment procedure under Section 143, the Officer could resort to original assessment as an escaped assessment; such assumption of jurisdiction would arise in a case where, the assessee fails to make a return under Section 13 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stituted by the Finance Act, 1997, which was operative till June 1, 1999. The requirement was that an intimation was to be sent to the assessee whether or not any adjustment had been made under the first proviso to Section 143(1) and notwithstanding that no tax or interest was found due from the assessee concerned. Between April 1, 1998 and May 31, 1999, sending of an intimation under Section 143(1)(a) was mandatory. Under the newly substituted Section 143(1) of the Act with effect from 1.6.99, except as provided in the section, the acknowledgement of the return shall be deemed to be an intimation under Section 143(1)(a) of the Act, where no tax is payable by the assessee or no refund is due to him. The acknowledgement is done mostly by min ..... X X X X Extracts X X X X X X X X Extracts X X X X
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