9911796707
TMI Blog1993 (2) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... 84 was made on February 16, 1986. The Commissioner of Agricultural Income-tax took the view that the aforesaid assessment orders dated March 20, 1985, and February 16, 1986, are vitiated and prejudice has been caused to the Revenue. There- fore, he initiated proceedings in revision under section 34 of the Agricultural Income-tax Act by issue of notices dated November 14, 1990, and December 18, 1990. They were served on the petitioner-assessee. Notwithstanding the objections of the assessee, the Commissioner of Agricultural Income-tax, by a common order dated September 24, 1991, set aside the assessments of the petitioner-assessee for the four years and ordered remit of the case to the Agricultural Income-tax Office, Perinthalmanna, for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 34, 235, this Bench had occasion to state the law thus : "The normal period within which an assessment, once made, can be reopened under section 35 of the Act, is five years from the end of the assessment year. Under section 36, a mistake could be rectified within three years from the date of the assessment order. Once a final assessment is rendered (after the appeal or revision or reference, as the case may be), the finality attached to the order can be put in peril and the assessment can be reopened normally only in proceedings under section 35 or 36 of the Act. To reopen the final assessment after the said periods, in exercise of the powers under section 34 of the Act, demands cogent and sufficient reasons. The power vested in the Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d within which the assessment orders could have been rectified for the first three years expired on March 20, 1988. The period within which the assessments for the year 1984-85 could have been rectified expired on February 16, 1989. So the periods within which the assessments could have been reopened under section 35 of the Act and rectified under section 36 of the Act had expired long before the issue of the notices for suo motu revision by the Commissioner under section 35 of the Act on December 14, 1990 and December 18, 1990. Prima facie the revisional proceedings are beyond the period fixed for reopening the assessments under section 35 of the Act or for rectifying them under section 36 of the Act. So, in the light of the decision in Ne ..... X X X X Extracts X X X X X X X X Extracts X X X X
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