TaxTMI 
TaxTMI 
2010 (1) TMI 13
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....ments in the assessee's case for the assessment years 1995-96 to 2000-01 on the ground that all material facts were disclosed in the return? (ii) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the Assessing Officer could not invoke the provisions of Section 147, on the grounds that he has not issued notice under Section 143(2) within time and therefore the proceedings stood terminated? (iii) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the reopening of assessments under Section 147 for the assessment years 1995-96 to 2000-01 was bad in law without considering the amended provisions with effect f....
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....nly thereafter, the assessee filed the details in regard to the information called for. The assessing officer went into the issue with reference to the materials and factually rendered a finding regarding the Will and the corresponding share of 50% income received on the basis of the said Will. Consequently, the assessing officer did not find any merit in the assessee's reply as to the 1/3rd share admitted in the returns according to the oral desire of late Mrs.Kanti Prabhakar. These orders were questioned before the Commissioner of Income Tax (Appeals) VIII, who confirmed the said finding of the assessing officer. However, when the matter was taken to the Tribunal, it found that inasmuch as the reopening of the asse....
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....d in these appeals lies in a narrow compass, we are not inclined to go into the merits of the case in detail. Suffice for this Court to dispose of the appeals by referring to the following few facts. It is not in dispute that after the returns were accepted by the assessing officer under Section 143(1), at that point of time, no materials were placed before the assessing officer relating to the Will in particular, on which basis 1/3rd share was claimed by the assessee. It is also an admitted fact that only thereafter notices under Section 143(2) and 142(1) were issued to the assessee for furnishing certain information, which the assessee had filed. As per Section 143(2) of the Act, after the materials which were avai....
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....re highlighted by one of us (D.K.Jain, J.) in Apogee Internatinoal Limited v. Union of India (1996) 220 ITR 248 (Delhi). It may be noted above that under the first proviso to the newly substituted section 143(1), with effect from June 1, 1999, except as provided in the provision itself, the acknowledgment of the return shall be deemed to be an intimation under section 143(1) where (a) either no sum is payable by the assessee, or (b) no refund is due to him. It is significant that the acknowledgment is not done by any Assessing Officer, but mostly by ministerial staff. Can it be said that any "assessment" is done by them? The reply is an emphatic "no". The intimation under section 143(1)(a) was deemed to be a notice of demand und....