1992 (12) TMI 12

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ing that the assessment made by the Income-tax Officer was not an assessment made under section 143(3) on the basis of the return filed by the assessee on August 30, 1978, under section 139(4) and whether the provisions of section 292B were attracted ?" The brief facts of the case are that the assessment of the assessee-firm was made up to the assessment year 1971-72 and, according to the Income-tax Officer, no returns were filed for the assessment years 1972-73 and 1973-74. The return for the year in dispute, i.e., 1977-78, was filed on August 30, 1978, declaring an income of Rs. 23,490. A notice under section 148 was issued on March 31, 1979. Subsequently, the Income-tax Officer issued a notice under section 143(2) of the Act and in th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ified in recording the reasoning that the Income-tax Officer has not acted under section 148 when the proceedings were initiated under section 148. The Tribunal came to the conclusion that the order of assessment clearly mentioned that the assessment has been passed under section 143(3) read with section 148 and the words "section 148 cannot be considered superfluous and not protected under section 292B", the view of the Tribunal was that the provisions of section 292B cannot be invoked to wash out the illegalities committed by the Income-tax Officer and since the proceedings were under section 148, the assessment framed has to be quashed. The submission of learned counsel for the Revenue is that the order of the Tribunal is not in accor....