https://www.taxtmi.com/caselaws?id=276674 Once an Income-tax Officer has finally completed an assessment and separated part of the income for other treatment, he becomes functus officio for that assessment. Any later attempt to tax the omitted income is a reassessment and can proceed only under the escaped-income machinery of section 34 of the Income-tax Act, 1922. The earlier completed assessment cannot be reopened as a mere continuation of the original proceedings, and validity depends on proper statutory compliance and notice. The omitted partner's share was treated as income escaping assessment or under-assessment, so the reopening could not stand outside section 34. en-us Wed, 23 May 1951 00:00:00 +0530 Thu, 15 Nov 2018 16:36:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=276674 Once an Income-tax Officer has finally completed an assessment and separated part of the income for other treatment, he becomes functus officio for that assessment. Any later attempt to tax the omitted income is a reassessment and can proceed only under the escaped-income machinery of section 34 of the Income-tax Act, 1922. The earlier completed assessment cannot be reopened as a mere continuation of the original proceedings, and validity depends on proper statutory compliance and notice. The omitted partner's share was treated as income escaping assessment or under-assessment, so the reopening could not stand outside section 34. Case-Laws Income Tax Wed, 23 May 1951 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=276674