9911796707
TMI Blog1978 (12) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... 1968. The assessee put forward a contention that the order dated July 29, 1968, being beyond four years from March 31, 1964, the end of the assessment year in question the ITO had no jurisdiction to make the order of assessment since he had to make the order of assessment within four years of the end of the assessment year. This contention of the assessee was rejected all through by the AAC and the Income-tax Appellate Tribunal. Thereupon, the assessee applied to the Income-tax Appellate Tribunal for a reference of the following question to this court and that is how the matter has come up before this court : " Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessment order dated Jul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the subject-matter of excessive relief under the Act, he may at any time serve on the assessee a notice containing all or any of the requirements which may be included in a notice under s.6, and may proceed to assess or reassess the amount chargeable to super profits tax. Section 9(b) of the Act deals with a situation where notwithstanding that there has been no omission or failure as mentioned in cl. (a) of the section on the part of the assessee, the ITO has in consequence of information in his possession reason to believe that chargeable profits assessable for any assessment year have escaped assessment or have been under assessed or assessed at too low a rate or have been made the subject of excessive relief under the Act and enables h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . T. Act, 1961. The I. T. Act, 1961, contains s. 153 expressly prescribing a time limit within which an order of assessment has to be made and this time limit varies depending upon the different situations enumerated therein. As far as the Act is concerned, there is no express provision corresponding to s. 153 of the I.T. Act, 1961, prescribing a time limit. On the other hand, the situation will warrant the conclusion that the Legislature deliberately intended to exclude the applicability of s. 153 to the assessment proceedings under the Act. This is clear from s. 19 of the Act. That section says that the sections of the I.T. Act, 1961, enumerated therein will apply to the assessment to super-tax as if the said provisions were provisions of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
