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TMI Blog1986 (9) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... nsidered: " (iii) Whether the Income-tax Officer could levy penalty in respect of the enhancement made by the Appellate Assistant Commissioner? (iv) Where the Appellate Assistant Commissioner modifies the original assessment and deletes the addition under the head 'Income from undisclosed sources' and enhances the business income for under valuation of stock, could it be said that the basis of the assessment had changed ? (v) If the original basis of initiation of proceedings is altered or modified by the appellate authority, whether the authority initiating the penalty proceedings has jurisdiction thereafter to proceed on the basis of the findings of the appellate authority ? " Before going to the merits, it is necessary to conside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal shall lie to the Supreme Court from any judgment of the High Court delivered on a reference made under section 66 in any case which the High Court certifies to be a fit one for appeal to the Supreme Court. " Learned advocate also drew our attention to section 67A of the Act of 1922 which reads as follows: "Section 67A. Computation of periods of limitation.-In computing the period of limitation prescribed for an appeal under this Act or for an application under section 66, the day on which the order complained of was made, and the time requisite for obtaining a copy of such order, shall be excluded." Learned advocate submitted that this application was not an appeal under the Indian Income-tax Act. 1922, nor was it an applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d order, as the case may be, is to be excluded in computing the period of limitation. It appears that the contention of the assessee that this application is out of time is not without substance. Reading section 66A(2) with section 67A of the Indian Income-tax Act, 1922, it does not appear to us that the time required for obtaining a certified copy of the order can be excluded in computing the period of limitation. The Act of 1922 had prescribed its own period of limitation. Section 66A(3) on the basis of which the observation was made by the Division Bench in the unreported judgment noted hereinbefore reads as follows : " Section 66A. (3) The provisions of the Code of Civil Procedure, 1908 (5 of 1908), relating to appeals to the Suprem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , there is no reason why the certified copy of the order could not be obtained till 1986. On merits, it appears to us that the judgment has followed the decisions of the Allahabad High Court in CIT v. Shadiram Balmukand [1972] 84 ITR 183 (All) and CIT v. Dwarka Prasad Subhash Chandra [1974] 94 ITR 154 (All) and also the decision of the Gujarat High Court in CIT v. Lakdhir Lalji [1972] 85 ITR 77 (Guj). Learned advocate for the assessee also pointed out that the Supreme Court has already pronounced on the question in CIT v. Angidi Chettiar [1962] 44 ITR 739. In the instant case, the assessment was modified by the Appellate Assistant Commissioner who included in the total income of the assessee amounts which were stated to be business income ..... X X X X Extracts X X X X X X X X Extracts X X X X
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