9911796707
TMI Blog1992 (12) TMI 12X X X X Extracts X X X X X X X X Extracts X X X X ..... section 143(3) on the basis of the return filed by the assessee on August 30, 1978, under section 139(4) and whether the provisions of section 292B were attracted ?" The brief facts of the case are that the assessment of the assessee-firm was made up to the assessment year 1971-72 and, according to the Income-tax Officer, no returns were filed for the assessment years 1972-73 and 1973-74. The return for the year in dispute, i.e., 1977-78, was filed on August 30, 1978, declaring an income of Rs. 23,490. A notice under section 148 was issued on March 31, 1979. Subsequently, the Income-tax Officer issued a notice under section 143(2) of the Act and in the course of proceedings the documents which were not filed along with the return were fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 148 when the proceedings were initiated under section 148. The Tribunal came to the conclusion that the order of assessment clearly mentioned that the assessment has been passed under section 143(3) read with section 148 and the words "section 148 cannot be considered superfluous and not protected under section 292B", the view of the Tribunal was that the provisions of section 292B cannot be invoked to wash out the illegalities committed by the Income-tax Officer and since the proceedings were under section 148, the assessment framed has to be quashed. The submission of learned counsel for the Revenue is that the order of the Tribunal is not in accordance with law inasmuch as even if the notice under section 148 was issued, the same stan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... late Assistant Commissioner was not right in coming to this conclusion inasmuch as, after issue of notice under section 148, no return was submitted and the assessment was not framed under section 144 on account of non-compliance with the notice issued under section 148. It was on account of the issue of notice under section 143(2) that the information/statement which was not submitted along with the return were subsequently submitted and, therefore, the assessment was framed under section 143(3). Mere writing of section 148 "will not escape the assessee of the liability" to pay tax in accordance with the return which was submitted by him. The view which has been taken by the Tribunal is not in accordance with law and the Tribunal has gone ..... X X X X Extracts X X X X X X X X Extracts X X X X
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