2006 (1) TMI 89

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....he Commissioner of Income-tax (Appeals), Ludhiana, that the return filed by the assessee on December 14, 1977, was not valid and no regular assessment could be made on the basis of the same? 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in cancelling the order of the Income-tax Officer passed on March 26, 1979?" Briefly stated, the material facts, as emerging from the statement of the case, are as follows: In respect of the assessment year 1974-75, the Income-tax Officer framed an assessment on the assessee under section 144 of the Act on February 26, 1977. On an application being moved by the assessee under section 146 of the Act, the said assessment was re-opened on March 23, 1977....

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....ubmitted on December 14, 1977. Finally, the Tribunal has directed the Income-tax Officer to proceed with reassessment under section 146(1) of the Act. Under these circumstances, the aforementioned questions have been referred for the opinion of this court. We have heard Mr. D.S. Patwalia, learned counsel appearing for the Revenue and Mr. Akshay Bhan, learned counsel appearing for the assessee. It is submitted by Mr. Patwalia that the view taken by the Tribunal that the return filed by the assessee on December 14, 1977, was pursuant to notice issued under section 139(2) of the Act and, therefore, it could not be ignored, is based on a wrong premise that the said notice having been issued to the assessee, the same is deemed to have been....