TaxTMI 
TaxTMI 
1999 (9) TMI 75
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....he Assessing Officer asked the assessee to explain certain bank deposits, bank accounts, fixed deposits and investments in respect of properties that stood in his name and in the name of his wife and children. He was also required to produce the names of the creditors from whom he had taken loans. Summons were issued to the creditors some of whom were interrogated/examined by the Assessing Officer on March 8, 1988. The Assessing Officer noticed that the assessee had various bank deposits in his name which were not explained. The Assessing Officer mentioned some of those transactions. Under the normal course, the assessment was to be completed on or before March 31, 1988, in terms of section 153(1(a)(iii) of the Act of 1961. The Assessing Of....
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....as indicated by the Assessing Officer, extension of limitation under section 153(1)(b) read with section 271(1)(c) of the Act of 1961, was permissible and accordingly, directed the Assessing Officer to pass a fresh order after giving an opportunity to the parties. The assessee not being satisfied with the order of the Appellate Tribunal, made the reference application under section 256(1) of the Act of 1961, to draw up a statement of the case and to refer the two questions indicated in the application to the High Court for its opinion. The Appellate Tribunal reframed the questions and accordingly made the following reference : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the p....
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....fficer in the instant case deliberately allowed the four years' period to elapse without any positive action and thereafter in a most illegal fashion, sought to avail of the exceptions contained in section 153(1)(b)(iii) of the Act of 1961. Referring to the materials relied upon by the Assessing Officer, Mr. Gogoi, learned senior counsel, submitted that those materials were not sufficient to extend the period of limitation. Mr. U. Bhuyan, the learned standing counsel appearing on behalf of the Revenue, strenuously opposed the plea of the assessee and submitted that there was no illegality or impropriety on the part of the Assessing Officer in taking aid of clause (b) to sub-section (1) of section 153 of the Act of 1961. Learned counsel f....
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....cribed. In aid of the aforesaid provisions, the Assessing Officer is armed with the jurisdiction to prolong, the assessment on fulfilment of the conditions set out in clause (b) to sub-section (1) of section 153 of the Act of 1961. The power is not arbitrary. The Assessing Officer can stretch the period of limitation on being satisfied, on the materials on record, about the necessity of invoking section 271(1)(e) of the Act of 1961. It is no doubt true that the power conferred on the Assessing Officer is not arbitrary power. It has to be exercised only when condition (s) set out in clause (b) of sub-section (1) of section 153 of the Act of 1961, is/are satisfied. But no such issue arises in the present matter. In the case in hand, the As....
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....r counsel for the applicant/appellant (assessee), submitted that it was incumbent on the part of the authority to inform the assessee about the discovery of concealment of income within the normal period of limitation and the said fact being evident from the record, it is a fit case in which this court should call for a supplementary statement of the case. Learned senior counsel appearing on behalf of the assessee submitted that in order to answer the questions referred to it satisfactorily, it is necessary to have additional materials included in the statement of the case and, accordingly, this court should issue appropriate direction in that behalf to submit a supplementary statement of the case. In support of his contention, Mr. Gogoi re....
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.... clearly one arising out of its order. (2) When a question of law is raised before the Tribunal but the Tribunal fails to deal with it, it must be deemed to have been dealt with by it, and is, therefore, one arising out of its order. (3) When a question is not raised before the Tribunal but the Tribunal deals with it, that will also be a question arising out of its order. (4) When a question of law is neither raised before the Tribunal nor considered by it, it will not be a question arising out of its order notwithstanding that it may arise on the findings given by it. Stating the position compendiously, it is only a question that has been raised before or decided by the Tribunal that could be held to arise out of its order." ....