2000 (7) TMI 33

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..... 1) of the IT Act, 1961 ("the Act"), the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar ("the Tribunal"), has referred the following questions of law to this Court for the opinion at the instance of the Revenue: "1. Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the assessment for the relevant year, made in the assessee's case, wa .....

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..... cumstances of the case, the Tribunal is right in law in holding that if the assessment is affected by the rule laid down by the Jammu and Kashmir High Court in the case of S. Mubarik Shah Naqshbandi vs. CIT, the ITO could not have derived the satisfaction required for the levy of penalty in the course of assessment in terms of the provisions of s. 271 ? 4. Whether, on the facts and in the circum .....

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..... he total income as well as of the sum payable, should be done on the same sheet of paper, viz., the assessment order; it is sufficient compliance with the requirements of s. 143(3) of the IT Act, 1961, if the tax payable is also computed and the computation is approved by the ITO, either immediately or some time later. In the instant case, there is no dispute about the fact that the tax payable ha .....

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..... proceedings are two separate proceedings. An appeal is provided in s. 246 of the Act both against the order of assessment and the order of penalty. Any person objecting to any penalty imposed by the AO under s. 271 may appeal to the AAC under cl. (o) of s. 246(1) (as it stood at the material time). There is a separate provision in cl. (c) of s. 246(1) for appeal against an order of assessment unde .....

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..... he validity of the assessment order, which had become final and conclusive, in the course of hearing of an appeal against the order of penalty, and declaring the same to be illegal and invalid. Question Nos. 2, 3 and 4 are, therefore, answered in the negative, that is, in favour of the Revenue and against the assessee. This reference is disposed of accordingly with no order as to costs.
Case .....

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