1977 (12) TMI 40

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..... sai, the learned counsel for the assessee accepted that the assessee had paid advance tax under s. 210 only Rs. 3,000. On final assessment the tax payable by the assessee was Rs. 39,970. In view of s. 212(3-A) the assessee should have revised the advance-tax payable by it and should have paid the higher tax. He, however, raised and point that the Income-tax Officer had not expressed his satisfacti .....

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..... ncome-tax Officer had issued show cause notice in respect of this default along with the demand notice and hence he had concluded that the assessee had committed default and proceedings were initiated before the assessment order was passed. Dealing with the aspect that s. 273(c) came into effect only from 1st April, 1970 Shri Deodhar pointed out that unlike other defaults, this was default in resp .....

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..... tice has been issued along with the demand notice but the demand notice could necessarily be prepared after the ITO. has signed the order. No indication was brought to our notice from anywhere in the file that the ITO. was satisfied before passing the order that the assessee had committed default under s. 212(3-A). We, therefore, hold that this preliminary condition of the ITO.'s satisfaction in t .....

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