TaxTMI 
TaxTMI 
1989 (3) TMI 110
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....r, the income of the firm was allocated among its partners and in the end, the following lines were written : "Penalty notices under sections 271(1)(c), 271(l)(a) and 140A and under section 273 have already been issued." The order was signed by the Income-tax Officer. The aforesaid order was served on the assessee on March 30, 1976, along with the demand notice and challans. On April 7, 1976, the Income-tax Officer passed the following order under section 144B(3) of the Income-tax Act, 1961 (hereinafter called "the Act"). "The draft assessment order served on March 30, 1976, on you should be treated as final as the statutory period of one week has already elapsed and no objection has been filed. Demand notice, challan and penalty noti....
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....objections and the draft assessment order along with the objections was sent to the Inspecting Assistant Commissioner for seeking directions and guidance for enabling him to complete the assessment. On receipt of the directions and guidance, the Income-tax Officer finalised the assessment on August 25, 1981, and assessed the income at Rs. 3,73,517. The assessee remained unsuccessful before the Commissioner of Income-tax (Appeals) except regarding depreciation on second hand car and took the matter in further appeal before the Income-tax Appellate Tribunal, Amritsar. The Judicial Member, for the reasons recorded in his order, cancelled the assessment order. However, regarding the plea whether the assessment was barred by limitation, he recor....
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....I agree with the learned Judicial Member that the assessment not having been made on March 31, 1979, the date on which the action pursuant to the Commissioner's order becomes time barred, the subsequent assessment order passed should be treated as barred by limitation. The matter will now go back to the original Bench for disposal according to law. " At the instance of the Commissioner of Income-tax, the Tribunal has referred the following questions for the opinion of this-court : "(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal, Amritsar Bench, while referring the matter to the President of the Appellate Tribunal under section 255(4) of the Income-tax Act, 1961, correctly summed up the ....
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....r's order dated August 25, 1981, passed under section 143(3)/144B in pursuance of the directions of the Commissioner of Income-tax (Appeals) contained in the appellate order dated March 1, 1979, which was not challenged by the assessee before the Income-tax Appellate Tribunal is barred by limitation ?" On consideration of the matter, we are of the opinion that the matter deserves to go back to the Tribunal for fresh decision of the appeal in accordance with law as there is no majority decision in this case in spite of the reference to the President. The Judicial Member had opined on the point of limitation (opinion reproduced above) that it was needless to consider the plea that it was barred by time and for that reason he refrained from ....