9911796707
TMI Blog1996 (2) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... enue and the following question of law has been referred by the Tribunal for answer of this court, which reads as under : "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the Commissioner had no jurisdiction to revise the assessment order under section 143(1) of the Income-tax Act, 1961 ?" The year of assessment involved is 1980-81, the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessment. The Commissioner of Income-tax found the said assessment order to be erroneous and prejudicial to the interests of the Revenue. Therefore, he exercised his power under section 263 of the Act and set aside the order of the assessment with a direction to the Income-tax Officer for de novo assessment. The order of the Commissioner of Income-tax dated March 19, 1985, was challenged in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r within a period of two years from the end of the assessment year in which the income was first assessable. In the present case, the assessment was made within two years, but the order of assessment was served on the assessee on February 10, 1984, and under section 143(2)(a) the assessee moved an application on February 13, 1984, in Form No. 6A. Therefore, the order of assessment loses its finali ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... when the assessment was objected to by the assessee the so called assessment made by the Income-tax Officer under section 143(1) became inchoate. It was an assessment which was inconclusive because the objection has been filed within the period prescribed under sub-section (2)(a) of section 143 of the Act by the assessee and, therefore, that rendered the assessment order and recovery inchoate. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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