2006 (8) TMI 158

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....tion raised is whether the Tribunal was justified in sustaining the assessment as one completed within time. The agricultural income-tax assessment for the assessment year 1991-92 was completed by the Assessing Officer vide order dated February 25, 1995, and a copy of the same was served on the petitioner on December 19, 1995. Relying on the judgment of this court in Agrl. ITO v. K. Joseph, N. Jac....

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....oner. Counsel for the petitioner contended that once the assessment is completed under section 39(3) of the Act based on the return, the time-limit under section 39(6) is applicable. The learned special Government pleader, on the other hand, contended that the Explanation to section 39(6) makes it clear that if the return is not filed under section 35(1) of the Act, then the time-limit for complet....

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.... Since the petitioner is found not to have filed the return within the time specified under section 35(1), but was liable to file the return under the said section, the limitation for assessment is the one available under section 41 and not under section 39(6) of the Act. Even though the Tribunal has not referred to the Explanation, we find that the order of the Tribunal on limitation is sustainab....