2008 (1) TMI 340

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sal, Advocate for the revenue. JUDGMENT The judgment of the court was delivered by Rakesh Kumar Garg, J . - This judgment will dispose of ITR Nos.51 and 52 of 1987 arising out of ITA Nos.240 and 241 (ASR)/1983 for the assessment years 1976-77 & 1977-78. 2. The Income Tax Tribunal, Amritsar Bench, Amritsar, vide its order dated 24.10.1986 referred the following single comprehensive ques....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the assessee firm as well as the residential premises of its partners were searched by the income tax department on 31.8.1976 and all its books including one heap register were seized. In spite of issuing notice under Section 139(2) for the two years on 3.8.1976 and 7.9.1977, returns of income were not filed. Eventually the Income tax officer completed ex-parte assessments under Section 144 on 29.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ice and for this reason he set aside the assessment for the assessment year 1976-77 directing the Assessing Officer to verify various facts and figures and allow opportunity to assessee before making fresh assessment. For the assessment year 1977-78 also the C.I.T. (A) has held that the assessee was not given proper opportunity to scrutinize the books of account and the material on the basis of th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....at the CIT(A) having found that the assessment orders were passed without affording the proper opportunity which meant denial of principles of natural justice, he should not have merely set aside the orders of the assessment but should have annulled the assessments. 7. The Tribunal vide its order dated 29.1.1986 dismissed both the appeals filed by the assessee. The assessee filed Review Applica....