1964 (3) TMI 116

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.... the interpretation of section 27 of the Act. In respect of the assessment years 1953-54 and 1954-55, the assessee produced no return, although called upon to do so under section 22(2). He was thereupon served with a notice under section 22(4) and called upon to produce his accounts. On failure to produce them, the Income-tax Officer made an assessment under section 23(4). The assessee then ask....

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....eference reads : "Whether the Income-tax Officer having recorded a finding that there was sufficient case for non-compliance with the notice issued under section 22(4) was not bound to cancel the assessment made under section 23(4) and to proceed to make a fresh assessment even though there was no sufficient cause for non-compliance with the notice under section 22(2) ?" Section 27 und....

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....essment under this section was imperative, if, notwithstanding there being no sufficient cause to comply with the notice issued under section 22(2) there was sufficient cause for non-compliance with the notice issued under section 22(4), and that it does not make it necessary for the assessee to prove that there was sufficient cause for non-compliance with both the notices. It is clear from the....

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....ions of this section are not cumulative but disjunctive and so the assessee can claim the cancellation of the assessment on one of the many grounds on which such cancellation could be sought under the section. So, what should follow is that, even if there was no sufficient reason for non-compliance with a notice issued under section 22(2), so long as there was sufficient reason for non-compliance ....