2008 (2) TMI 342

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.... to be filed originally on 18.07.1984 showing total income at Nil. This was revised on 18.02.1986 declaring total income at Nil. The Assessment Order came to be framed on 31.03.1986 under section 143(3) of the Act on a total income of Rs.1,37,930. 3. As the Notice issued under section 148 of the Act is beyond the period of four years from the end of the Assessment Year upon Notice being issued, the respondent has placed on record copy of reasons recorded on 31.03.1994 which reads as under : "As per tax deduction certificate filed, the total amount paid to assessee for work done is stated of Rs.20,57,903 instead the work done is shown in the return of income amounting to Rs.1,98,800 by the assessee. Sd/- Illegible. Ganesh Valabha....

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....titioner-assessee. In support of the submissions made reliance has been placed on the following decisions : (1) Calcutta Discount Co. Ltd. Vs. Income Tax Officer - (1961) 41 ITR 191 (SC); (2) Income Tax Officer Vs. Lakhmani Mewal Das - (1976) 103 ITR 437 (SC); (3) Parashuram Pottery Works Co. Ltd. Vs. Income Tax Officer-(1977) 106 ITR 1 (SC); (4) Krishna Metal Industries Vs. H.M. Algotar - (1997) 225 ITR 853 (Guj); 5. On behalf of the respondent-revenue learned Senior Standing Counsel Shri M. R. Bhatt submitted that the reopening was based on certificate issued for tax deducted at source in form No. 26C as required by Provisions of Section 194C of the Act. That the copy of the said certificate dated 29.11.1982 specifically re....

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....al particulars necessary for assessing such income. If the reasons recorded are examined it becomes clear that the basis is the certificate of tax deduction at source. As already noticed hereinbefore, column No. 4 of the prescribed form reads "amount credited or paid in pursuance of the contract". However, in the reasons recorded the respondent has stated that as per T.D.S. certificate the work done is shown at Rs.20,51,903/- while in the return of income the work done is shown at Rs. 1,98,800/-. The certificate of tax deduction at source does not speak of the work done. In fact under section 194C of the Act the obligation to deduct tax arises either at the time of payment or at the time of crediting the account of the payee. The form i.e. ....