1993 (1) TMI 48

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....h the alleged items of concealment before the normal period of limitation ran out ? " The assessee-individual is a medical practitioner. He did not file any returns of income for the assessment years 1972-73 and 1973-74. Notices under section 148 of the Income-tax Act, 1961, for both the aforesaid years were served on April 10, 1974. The assessee filed the return for the assessment year 1972-73 on January 6, 1975, declaring income of Rs. 26,132 while the return for the assessment year 1973-74 was filed on March 31, 1975, declaring income of Rs. 23,254. Thereafter, the Income-tax Officer issued notice under section 143(2) for the assessment year 1972-73 for hearing on January 9, 1976, and notices under section 143(2) for the assessment ye....

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....period of time (of one year reckoned from the date of filing of the returns of income) to show that the assessment involved were cases of concealment. In both the years, the limitation under section 153(1)(c) of one year expired on January 5, 1976, for the assessment year 1972-73 and on March 31, 1976, for the assessment year 1973-74, while the Income-tax Officer took up the cases for hearing on November 19, 1976, which was after the said dates when limitation expired. The Appellate Assistant Commissioner held that a prima facie case of concealment should be established within the normal period of limitation. In the result, the Appellate Assistant Commissioner annulled the two assessments on the ground that both the assessments should have ....