1967 (8) TMI 2

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....te in this case relates to the accounting period ended 31st October, 1954, relevant to the assessment year 1955-56. The assessee filed its loss return for the assessment year 1955-56 on October 16, 1959. On that day the time prescribed by section 22(2A) of the Indian Income-tax Act, 1922, for filing the loss return, had expired and neither the assessee asked for an extension of time nor was the sa....

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....have processed the return and computed the loss ; and (ii) the order of the Income-tax Officer amounted to computing the loss at zero and since section 30 in terms provides a right of appeal, the appeal was competent. The Tribunal decided that the Income-tax Officer treated the return as invalid and refused to deal with the merits or to apply his mind thereto and consequently the said order could ....

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....s mind and further he be deemed to have computed the loss at zero. " In the result, the Tribunal held that the appeal before the Appellate Assistant Commissioner was incompetent. In these circumstances, the Tribunal referred under section 66(1) of the Act the following question of law to this court : " Whether the appeal filed by the assessee before the Appellate Assistant Commissioner is co....

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....determined under section 23 or section 27, or denying his liability to be assessed under this Act ...... may appeal to the Appellate Assistant Commissioner ....... " In this case the Income-tax Officer never applied his judicial mind to the merits of the case. He merely declined to entertain the return. There has, therefore, been neither assessment of income under section 23 nor computation of ....