9911796707
TMI Blog1988 (7) TMI 94X X X X Extracts X X X X X X X X Extracts X X X X ..... a claim for exemption. As the assessment, Prima facie appeared to be erroneous and prejudicial to the interest of the Revenue, a show cause notice under s. 263 was issued to the assessed 3. The records further showed that for the asst. yr. 1983-84 the ITO issued a notice under s. 143(2) on 31st July, 1984 fixing 18th Aug., 1984 as the date of hearing on that date the hearing was adjourned to 10th Sept., 1984 at the instance of the assessed On 10th Sept., 1984, the authorised representative for the assesses stated before the ITO that there was an appeal against the order of the ITO for the asst. yr. 1981-82 in respect of the addition of the prize money and that he was approaching the AAC for an out of turn hearing and, therefore, the mat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t under s. 143(1) after having issued a notice under s. 143(2). The CIT accordingly held that the assessment made by the ITO is erroneous and prejudicial to the interest of the Revenue. The assessment was set aside on the point and the ITO was directed to make a fresh assessment after hearing the assesses once again. Aggrieved, the assessee has come up in appeal before the Tribunal. 6. Shri M.P. Thard, learned counsel for the assessed submitted before us that even after issuing a notice under s. 143(2) it was open to the ITO to complete the assessment under s. 143(1) It was further submitted that in the instant ease the assessment was in act completed under s. 143(3) and that in the assessment order a wrong section hag been mentioned. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led by him. This paper was filed to show that though the prize money among to Rs. 23,245 was shown in the return, but the assesses claimed that this was not taxable and did not form part of his income. A copy of the assessment order dated 18th Feb. 1986 for the assessment year under consideration is available on the record and it clearly goes to show that the ITO completed the assessment under s. 143(1). There is no substance in the contention advanced on behalf of the assessee that the assessment was in fact framed under s. 143(3) and that it was due to a mistake that the ITO labelled the assessment as one under s. 143(1). 9. In this case the ITO issued a notice to the assesses under s. 143(2) on 10th Sept., 1984 the assessee's authoris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y received by the assessee. 10. The direction given by the CIT goes to show that he set aside the assessment on the point relating to the taxability of the prize money and directed the ITO to make a fresh assessment after hearing the assessee As the Issue was left open, it was not at all necessary for the Commissioner to go into the merit of the assessees claim that the prize money did not constitute his income and was, therefore, not taxable A perusal of the Tribunal dated 30th Oct., 1987 in the assessees case for the asst. yr. 1982-83 goes to show that in that case relevant facts were that the prize money was given by the spectators and cricket fans to the players voluntarily and entirely without any consideration The voluntary payment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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