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TMI Blog1988 (12) TMI 65X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing terms : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in annulling the reassessment framed by the Income-tax Officer in pursuance of notice under section 147(a) on the ground that it was a case in which the provisions of section 147(b) and not section 147(a) of the Income-tax Act, 1961, could be applied ?" The factual background relevant to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Price, Control Orders which had been challenged in writ proceedings before our High Court was decided on March 25, 1971, in Amar Singh Modi Lal. v. State of Haryana, AIR 1972 P H 356 [FB], wherein it was held that the Government was not competent to levy any royalty. It was thereafter that on February 13, 1978, the Income-tax Officer issued a notice under section 148 of the Income-tax Act, 196 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Income-tax Officer was supposed to have gone through it and, therefore, this was a case which could have been further processed only under section 147(b) of the Act and not under section 147(a) of the Act and the reassessment thus made in pursuance of the notice under section 148 of the Act being beyond the period of four years had, therefore, to be annulled. No exception can indeed be taken ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idenced by the drafts, it was for the Income-tax Officer to make the necessary enquiries and draw proper inference as to whether the amounts represented by the drafts could be treated as part of the total income of the firm. This the officer did not do. It was plainly a case of oversight and it could not, there fore, be said that income chargeable to tax had escaped assessment by rea son of the om ..... X X X X Extracts X X X X X X X X Extracts X X X X
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