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TMI Blog2014 (10) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... t year 1999-2000 on August 08, 2000 amounted to completion of assessment within the meaning of section 139(5) disabling the appellant from filing a revised return and that the revised return filed on March 31, 2001 was belated and invalid?" The order from which the question was formulated for adjudication in appeal was dated 22nd February, 2005 passed by the Tribunal relating to the Assessment Year 1999-2000. Mr. Khaitan, learned Senior Advocate appearing on behalf of the appellant assessee, submitted the return for the relevant assessment year was intimated to have been accepted under Section 143(1) of the Income Tax Act, 1961 on 8th August, 2000. According to him, that was not completion of the assessment in relation to such return file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted the order of the Tribunal should not be interfered with. The Revenue relied on the decisions reported in 2002(3) SCC 496 (Haryana Financial Corporation and Anr Vs. Jagdamba Oil Mills and another) and 2006(1) SCC 275 (State of Orissa & Ors. Versus Md. Illiyas) to submit on the point of applicability of precedents in seeking to distinguish the judgment relied on by Mr. Khaitan. According to Mrs. Ghutghutia, those judgments were distinguishable on facts. In Rajesh Jhaveri, (Supra), according to her, the interpretation, of assessment, if at all given by the Hon'ble Supreme Court, was in the context of reassessment sought to be made on a change of opinion. We find the Tribunal while adjudicating the first of the three grounds raised before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so to s.143(1)(a), required that where adjustments were made under the first proviso to s.143(1)(a), an intimation had to be sent to the assessee notwithstanding that no tax or refund was due from him after making such adjustments. With effect from 1st April, 1998, the second proviso to s.143(1)(a) was substituted by the Finance Act, 1997, which was operative till 1st June, 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 s.143(1) and notwithstanding that no tax or interest was found due from the assessee concerned. Between 1st April, 1998 and 31st May, 1999, sending of an intimation under s.143(1)(a) was mandatory. Thus, the legislative intent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he computation of income", sometimes "the determination of the amount of tax payable" and sometimes "the whole procedure laid down in the Act for imposing liability upon the taxpayer". In the scheme of things, as noted above, the intimation under s.143(1)(a) cannot be treated to be an order of assessment. The distinction is also well brought out by the statutory provisions as they stood at different points of time. Under s.143(1)(a) as it stood prior to 1st April, 1989, the AO had to pass an assessment order if he decided to accept the return, but under the amended provision, the requirement of passing of an assessment order has been dispensed with and instead an intimation is required to be sent. Various circulars sent by the CBDT spell ou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the case of CIT Vs. Punjab National Bank (supra) in which also we find the discussion is the same regarding assessment as provided for under Section 143(1) of the said Act, that it could not be said to be assessment was complete on intimation issued. Section 143(1)(i) of the said Act as it stood in the material time is set out below : "143.(1) Where a return has been made under section 139, or in response to a notice under sub-section (1) of section 142,- (i) If any tax or interest is found due on the basis of such return, after adjustment of any tax deducted at source, any advance tax paid, any tax paid on self-assessment and any amount paid otherwise by way of tax or interest, then, without prejudice to the provisions of sub-section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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