9911796707
TMI Blog1991 (6) TMI 98X X X X Extracts X X X X X X X X Extracts X X X X ..... ate the facts, which are relevant for determination of this issue, we bring them into focus as under. 3. In the impugned assessment order, made under section 143(3), on 12-11-1985, determining total income of the assessee at Rs. 44,500, the assessing authority has clearly recorded that, notice under section 139(2) of the Income-tax Act was issued to the firm on 4-7-1985 in response to which return showing nil income for the assessment year 1984-85 has been filed on 9-7-1985. The total income in fact is all constituted of capital gains by determining the market value of the property through the departmental valuer at Rs. 1,39,500 as against the value for which the property was registered at Rs. 95,000. This assessment was challenged in app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enquiry on facts and which have not been considered in the impugned assessment by the assessing authority at all. The revenue is, therefore, trying to expand the scope of appeal without justification. The question of treating the return was filed under section 139(4) therefore does not arise. There is no case made out by the Revenue, it was contended, for an interference in the impugned order. 6. We have given careful consideration to the rival submissions and have also considered the relevant provisions of law. We have to take it that the facts, as recorded by the assessing authority in the assessment order with regard to the service of notice and filing of return by the assessee, as correct for it has been held by the Hon'ble Supreme C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thorised representative. 8. It is now well settled that an assessment may be made upon a return filed under sub-section (1) of section 139 because a notice under sub-section (2) is not a condition precedent to an assessment in every case. However, no assessment can be made on a person who fails to make a return under sub-section (1) and on whom an individual notice under sub-section (2) has not been served. Sub-section (2) of section 139 provides that notice under this sub-section may be served before the end of the relevant assessment year. If a notice is not issued in the course of assessment year and the assessee does not voluntarily submit a return and consequently the income is not assessed in the normal course under section 143, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
