TaxTMI 
TaxTMI 
1989 (6) TMI 34
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.... to the assessment year. 1971-72 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessment is not barred by limitation ? (3) Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the Income-tax Officer had complied with the provisions of section 129 properly ?" For the assessment year 1971-72, an assessment was made under section 144 of the Income-tax Act on the assessee as a best judgment assessment. On an application under section 146 of the Act, the assessment was reopened. Against the fresh assessment, an appeal was filed before the Appellate Assistant Commissioner who set aside the assessment by his order dated ....
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....is barred by limitation on the ground that the provisions of section 144B will not apply to the assessment in respect of the assessment year 1971-72. It was also contended that even otherwise the assessment was barred by limitation. further contention was that the procedure under section 129 of the Act has not been complied with. All the contentions have been rejected both by the Commissioner of Income-tax (Appeals) and by the Tribunal. We heard counsel. We are concerned herein with the assessment year 1971-72. A fresh assessment after cancellation of the original assessment made under section 144 was made on March 30, 1976. This assessment was made after reopening the best judgment assessment at the assessee's request made under sectio....
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....d. Section 144B would apply to proceedings completed after January 1, 1976. The draft assessment order was sent to the assessee within time. In fact, the assessee had raised objection against the draft assessment order and the Inspecting Assistant Commissioner gave the assessee an opportunity of being heard. The communication in this regard dated September 8, 1980, was served on the assessee on September 10, 1980, and the hearing was fixed on September 18, 1980, by the Inspecting Assistant Commissioner. Even though the assessee says that he requested for an adjournment, there was no evidence regarding such a request being sent. There was not even an acknowledgment for filing such an adjournment application. Therefore, it cannot be said that....