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1996 (11) TMI 35

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.... regard to the assessment proceedings for 1984-85 and 1985-86 : "1. Whether, on the facts and in the circumstances of the case and on an interpretation of section 143(2)(b) of the Income-tax Act, the Tribunal is right in law and fact in holding that 'the reopening under section 143(2)(b) of the Income-tax Act, was bad in law' ? 2. Whether, on the facts and in the circumstances of the case and al....

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....ins arising out of the sale of agricultural lands. The Income-tax Officer under the above provision after the proceedings of assessment were completed under section 143(1) of the Act. The first appellate authority considered this to be bad in law and held that the transfer of agricultural lands did not give rise to any capital gains. The Income-tax Appellate Tribunal appears to have confirmed t....

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.... Sarala Devi [1987] 167 ITR 136, and on the second count with regard to the reopening under section 143(2)(b) of the Act relied upon the decision of the Tribunal itself. On going through the three orders for both the assessment years, we find that this court (one of us---myself dictated the judgment) in I. T. R. No. 146 of 1987, CIT v. R. Krishnarajunan [1997] 225 ITR 510, on June 17, 1996, consid....

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....of the Act, that the summary procedure does not require the presence of the assessee or the production of any evidence in support of the return and requires the Assessing Officer to act in a summary manner on the basis of the return and its accompaniments. Appreciating the provisions of section 143(2)(b) in the background of the initiation under section 143(1) of the Act it is observed that the pr....