9911796707
TMI Blog1989 (4) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 11-015-PT-7335. It is CAL/VIII/D alleged that after the demise of the petitioner's father in December, 1967, the petitioner became liable for assessment under the provisions of the Wealth-tax Act and since then the petitioner is an assessee also under the Wealth-tax Act, 1957. For the assessment year 1970-71, the petitioner submitted his return of income on September 29, 1970. Fixing the date of hearing of the case for the assessment year 1970-71, a notice dated February 17, 1973, was issued by the Income-tax Officer, 1st Additional Survey Ward, Dist. VII, under section 143(2) of the Income-tax Act. In the course of hearing on March 8, 1973, it transpired that there was an omission made by the petitioner in the original return regarding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . VI, Calcutta, on July 23, 1974. The file was again transferred to Doctors' Circle under the jurisdiction of the Income-tax Officer of Dist. VIII, 'I'-Ward, Calcutta. The file was further transferred to D-Ward of Dist. VII, Calcutta, respondent No. 1. It is disclosed in the writ petition that the assessment for the assessment years 1971-72 to 1975-76 are completed but no assessment whatsoever for the assessment year 1970-71 has been made by the Income-tax Officer. The petitioner submits that, in any event, the matter as it stands is that the assessment is completely barred by limitation and no assessment has been and/or can be made under the provisions of the Income-tax Act, 1961, or, in other words, no assessment of income of the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry 21, 1974, when the assessee's advocate filed another revised return showing a different total income. The case was re-fixed on July 4, 1974, and the assessee submitted 3 (three) revised returns with varying figures. On each date of hearing, the assessee was found to file a revised return with widely varying incomes under different heads. Such steps were alleged to be taken with a view to mislead the Department so that there will be a limitation as to the assessment for the period. As the assessee defaulted to pay tax under section 140A(1) and thereafter show cause notice dated August 28, 1977, under section 140A(3) was issued and a maximum penalty involved was 50% of Rs. 1,03,594, i. e., Rs. 51,797. The steps taken by the respondent are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er section 143(2) of the Act was served on February 27, 1973. The petitioner submitted a revised return with different income on March 8, 1973. The notice under section 143(2) was issued on September 17, 1973, and the case was fixed for hearing on February 21, 1974, when there was submission of another revised return showing a different income. While the case was fixed for hearing on July 4, 1974, a third revised return was filed for a still different income. Another revised return was filed by the assessee on March 18, 1975. True, there is no bar to file revised returns before the final assessment. While, in the instant case, the petitioner is found to Me revised returns from time to time, the filing of a further revised return on March 18 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 140A(1) requires the petitioner to pay tax on self-assessment on the basis of the returns filed under section 139 or revised return filed under section 139(5) but the assessee has failed to pay such tax on self-assessment which obviously attracts the penalty. Before levying penalty, a notice under section 140A(3) has been issued in accordance with law. The scheme of the Act is complete in itself. There is neither any lack of jurisdiction in issuing the notice in question nor is there mala fide or bad faith appearing from the record. The acts done and/or caused to have been done by the respondents in issuing the impugned notice under the facts and circumstances of the case are found to be justified and this court is not inclined to i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
