1982 (5) TMI 16

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... by S. S. CHADHA J.-By these references under s. 256(1) of the I.T. Act, 1961 (hereinafter referred to as " the Act"), the following question of law has been referred to this court for its opinion : " Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the Income-tax Officer was not justified in rectifying the mistake by describing the assessee ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....declared the income as per return filed and assessed. Total income was computed by the ITO on March 5, 1970. At the time of completing the supplementary assessment, the ITO described the status of the assessee as " private limited company ". The assessee by its letter addressed to the ITO stated that from perusal of the assessment order completed under s. 147(b), the ITO had wrongly mentioned t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the ITO to rectify the status to that of " public limited company " in the order under s. 154, The Department filed an appeal before the Income-tax Appellate Tribunal. The appeal was rejected on the ground that the order of the AAC did not call for any interference. The question of law, as extracted above, was drawn up at the instance of the Commissioner of Income-tax for the opinion of this cour....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... "public limited company ". The ITO passed the order on December 21, 1970, and specifically mentioned in the order that it was passed under s. 154 of the Act. In the order of the ITO under s. 147(b), there is no discussion as to why the status was being changed to that of a " private limited company ". On an application under s. 154, the assessee could either get the relief or he could be denied t....