2002 (3) TMI 40

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....JAWAHAR LAL GUPTA J.-Can proceedings under section 154 of the Income-tax Act, 1961, for rectification of the intimation under section 143(1)(a) be initiated after the Assessing Officer has given a notice under section 143(2) to the assessee? This is the short question that arises for consideration in this appeal under section 260A of the Act. The assessee is a public limited company. It filed i....

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.... section 260A of the Act. The solitary contention raised by Mr. Sawhney, learned counsel for the Revenue, is that the Act does not place any bar on the Assessing Officer to invoke his jurisdiction under section 154 even after notice under section 143(2) has been given to the assessee. Thus, the view taken by the Tribunal cannot be sustained. Admittedly, the power under section 154 can be inv....

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.... is no doubt correct that an error apparent on the record can be corrected under section 154 of the Act. However, if parallel proceedings are permitted it would only result in waste of time. It would serve no purpose. Thus, it not surprising that judicial opinion is consistently against the Revenue. A Division Bench of the Gujarat High Court in Gujarat Poly-Avx Electronics Lid. v. Deputy CIT (Asst....

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....) can be initiated by issuance of notice under section 143(2). The order under section 154 of the Act was passed after issuance of notice under section 143(2) and during the pendency of the proceedings for assessment under section 143(3). The order under section 154 was passed on March 9, 1992, while the order under section 143(3) was passed on March 27, 1992. We have made distinction between an i....