TaxTMI 
TaxTMI 
1983 (9) TMI 29
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....ee, Ramanand Agarwalla, was assessed under the provisions of the I.T. Act, 1961, as an individual. His income for the assessment year 1963-64 was the subject-matter of assessment before the ITO, who passed his assessment order on March 16, 1968. That order was then followed by a notice dated March 20, 1968, which was issued by the office of the ITO on March 30, 1968, and was served on the assessee on April 13, 1968. The assessee filed an appeal against that assessment order contending, inter alia, that it was barred by time under s. 153 of the said Act. The AAC repelled this contention holding that the assessment order was passed before March 31, 1968. The assessee then preferred an appeal before the Income-tax Appellate Tribunal reiteratin....
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....sed after the expiry of four years from the end of the assessment year in which the income was first assessable, where such assessment year is an assessment year commencing on or before the I St day of April, 1967. In other words, the ITO must complete the assessment within four years and, if he fails to do so, he would not be entitled to pass any order with respect to that particular assessment year. The order of assessment is, hence, required to be passed before the expiry of the period of four years. The contention of the assessee before the AAC as also the Tribunal was that he received a demand notice dated March 20, 1968, on April 13, 1968, and as the said demand notice was accompanied by an undated assessment order, it could not be he....