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TMI Blog2016 (4) TMI 529X X X X Extracts X X X X X X X X Extracts X X X X ..... ces it would not be permissible for the assessing officer to reopen the assessment for the relevant financial year after having assessed it under Section 143(3)(ii) of the Act of 1961. The contention that, there was a mistake in the order of assessment under Section 143 and, therefore, such mistake was sought to be corrected is not available to the Department particularly in view of the fact that, the appellate forum has also proceeded on the basis that an assessment under Section 143(3)(ii) of the Act of 1961 has taken place in respect of the relevant assessment year. The impugned action of the Department in issuing a notice under Section 142 of the Act of 1961 and all consequential steps taken thereundere are set aside. - Decided in fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f on October 28, 2004. Subsequent to such decision in the appeal the assessing officer had threatened to impose penalty under Section 271(1)(b). It is submitted on behalf of the petitioner that, after completion of an assessment Section 142(1) of the Act of 1961 has no manner of application. The invocation of such provision by the assessing officer in the facts of this case is wrongful. Learned Advocate for the department submits that, the assessee is trying to take benefit of a bona fide mistake on the part of the department. The assessment order was under Section 143(3)(i) and not under Section 143(3)(ii) as mistakenly stated in the order. The department can correct such error under Section 292B of the Act of 1961. The department ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1)(b) of the Act of 1961. The assessing officer has proceeded under Section 143(3)(ii) of the Act of 1961 in respect of the relevant assessment year. He has passed his order on March 31, 2004. An appeal preferred therefrom was disposed of on October 28, 2004. Both the assessing officer and the appellate forum has proceeded on the basis that, the assessment for the relevant assessment year was done under Section 143(3)(ii) of the Act of 1961. Section 142 of the Act of 1961 allows the assessing officer to make an enquiry before the assessment. In the present case the assessment was contemplated under Section 143(3)(ii) of the Act of 1961 prior to the issuance of the notice under Section 142 of the Act of 1961. In fact the appellate aut ..... X X X X Extracts X X X X X X X X Extracts X X X X
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