9911796707
TMI Blog1972 (11) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... that clauses (a), (b) and (c) of section 144 are not alternative conditions, but cumulative. In our opinion, the Tribunal was right in the view it has taken that notice under section 142(1) of the Act was discretionary and the non-issue of a notice under the said sub-section does not render the Income-tax Officer incompetent to make an order under section 144 of the Act. - - - - - Dated:- 21-11-1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of time. The Income-tax Officer made an order of assessment on February 29, 1964, under section 144 of the Act by which he determined the total income of the assessee at Rs. 52,520. On appeal by the assessee to the Appellate Assistant Commissioner of Income-tax, the said income was reduced to Rs. 40,270. In the second appeal before the Tribunal, the only ground urged by the assessee was that no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the total income or loss to the best of his judgment and determine the sum payable by the assessee or refundable to the assessee on the basis of such assessment. " The conditions precedent for making a best judgment assessment under section 144 have been prescribed by clauses (a), (b) and (c) of section 144. The said conditions are alternative and are not cumulative as is evident from the wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tribunal was right in the view it has taken that notice under section 142(1) of the Act was discretionary and the non-issue of a notice under the said sub-section does not render the Income-tax Officer incompetent to make an order under section 144 of the Act. In that view, we answer the question referred in the affirmative and against the assessee. Reference is answered accordingly. The assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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