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TMI Blog2003 (9) TMI 71X X X X Extracts X X X X X X X X Extracts X X X X ..... sing Officer, the Department has filed this appeal under section 260A - Before the assessee could appear before the Assessing Officer on December 11, 1989, the order under section 273(1)(b) was passed by the Assessing Officer ex parte. This order was passed ex parte on November 30, 1989. Therefore, the assessee had no opportunity to put its case before the Assessing Officer. Therefore, it is not a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 273(1)(b) of the Income-tax Act for the assessment year 1988-89 ?" The assessee filed its return of income on June 29, 1988, declaring a loss of Rs. 1,52,15,207. The assessment was completed under section 143(1)(a). The total income was determined at Rs. 4,92,501 after giving effect to section 115 (sic) of the Income-tax Act. The Assessing Officer issued notice under section 273(1)(b) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled Form No. 29 declaring an income of Rs. 25,00,000 against the carry forward loss of earlier years, which was set off resulting in a net loss of Rs. 90,00,000. The appellate authority also found a technical default on the part of the assessee in not filing the statement in Form No. 28A and that instead of filing Form No. 28A, the assessee had by mistake filed Form No. 29. Therefore, the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e authority. In the present matter proceedings under section 273(1)(b) were fixed for hearing on December 19, 1989, as per notice dated December 6, 1989, which was received by the assessee on December 11, 1989. However before the assessee could appear before the Assessing Officer on December 11, 1989, the order under section 273(1)(b) was passed by the Assessing Officer ex parte. This order was pa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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