2005 (2) TMI 23

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....e assessee and also in further holding that the loss claimed therein should have been considered in correct perspective?" The reference relates to the assessment year 1979-80. Briefly stated the facts giving rise to the present case are as under: The respondent assessee is a co-operative society. It is being assessed to income-tax in the status of association of persons. It had filed a return on June 30, 1979, showing loss of Rs. 1,33,10,000 which was within the stipulated period under sections 139(1) and 139(3) of the Act. The assessment was completed under section 144 of the Act for non-compliance of notices under sections 142(1) and 143(2) which was cancelled under section 146 of the Act. After cancellation of assessment under s....

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....ficer, it was submitted as follows: "On the last day of June 1979, the transfer order of the then principal officer, Sri D.N. Tripathi, PCS, was received from the State Government as per Radiogram No. 545/I/II-16/19/79, dated June 30, 1979 and he was relieved of his charge on July 6, 1979. The principal officer was under transfer on the last day of June, 1979 when he was busy on out door duty also. The principal officer was not available in the office and as such the return could not be signed by him under the facts detailed hereinabove and, therefore, the same was filed by the person concerned in charge as per normal practice existing with the mill society in the relevant period." There was no written authority given by the principal....

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.... (b) any person connected with the management or administration of the local authority, company, association or body upon whom the Income-tax Officer has served a notice of his intention of treating him as the principal officer thereof;" From the reading of the aforesaid provision it is clear that the return can be signed by the agent also. The question is whether in the absence of any written authorization, the return signed by Sri K.K. Varshney can be treated as a return signed by him in the capacity of an agent of the society or not. It is a well settled principle that any person can appoint an agent orally or in writing or agency can be inferred by implication also. In the present case we find that there is no authorization either....