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1 - 7 of 7 (0.29 seconds)Section 144A in The Income Tax Act, 1961 [Entire Act]
Section 139 in The Income Tax Act, 1961 [Entire Act]
Sudhir Sareen vs Income-Tax Officer, Central Circle ... on 3 December, 1980
4. The departmental representative submitted before us that after the ITO had made this assessment and forwarded it to the IAC on 2-3-1981, he cannot take cognizance of any revised return as it is not open to him to send another draft to the IAC under Section 144B. He relied on the decision of the Delhi High Court in Sudhir Sareen v. ITO [1981] 128 ITR 445, where it was held that under Section 144B the ITO could make only one draft order of assessment and he has no power to issue more than one draft order. In that case it was the plea of the revenue that the ITO could issue more than one draft assessment order under Section 144B but the same was not accepted by the High Court. The High Court has also considered the question of limitation with reference to Section 153 of the Act, where it is laid down that a period not exceeding 180 days is permitted to the revenue to complete an assessment in addition to the normal period when no action under Section 144B is taken by the department. The departmental representative, therefore, contended that it was not open to the ITO to take cognizance of the revised return. He also submitted that the assessment made by the ITO can become final if the assessee does not object to the additions proposed by him.
South India Shipping Corporation Ltd. vs Income-Tax Officer on 22 November, 1974
The first case to which the reference was made was the order of the Madras Bench in the case of South India Shipping Corporation Ltd. v. ITO [1982] 8 Taxman 38 (Mad.-Trib.), where it was held that under Section 139(5) the assessee has got an unqualified right to file his revised return at any time before the assessment is made. The draft assessment order proposed under Section 144B can by no stretch of imagination be taken as amounting to making an assessment. The ITO can complete the assessment only after receiving the instructions and directions of the IAC. The Tribunal held that the ITO should act on the revised return which is furnished within the time specified under law. The facts in that case were similar and the revised return had been filed before the assessment had been made.
Shagoon Emporium vs Income-Tax Officer on 7 December, 1982
The order of the Third Member in the case of Shagoon Emporium (supra) was for deciding the specific issue of the powers of the IAC to issue instruction under Section 144A after a draft order has been submitted to him under Section 144B. In that case, no revised return had been filed and that had not come up for consideration before the Tribunal. It would, therefore, not be correct to extend the observations in that case to all the cases and for all the purposes.
Section 153 in The Income Tax Act, 1961 [Entire Act]
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