1975 (10) TMI 17

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rticulars was filed on October 29, 1974, accompanied by a request for a revised order of assessment, also of a provisional character. The two returns involved a difference of a few thousands of rupees, which, if taken into account for purposes of a provisional order, would result in lesser provisional tax. The Income-tax Officer concerned, however, declined to make such an order and this was on November 28 1974. He said, after referring to his order under section 18(1) and (6), that a provisional tax had been assessed on the basis of the return made in the first instance and that it could not be altered or adjusted except at the time of finalising the assessment. He added that the revised return would be considered at the time of finalising....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d date a return in the prescribed form. It should be verified also in the prescribed manner setting forth his total agricultural income during that year. The next sub-section clothes the Agricultural Income-tax Officer with power to serve notice and call upon any person to submit a return where under the law he is obliged to do so. Then we have sub-section (3) which is : " If any person has not furnished a return within the time allowed by or under sub-section (1) or sub-section (2) or, having furnished a return under any of those sub-sections, discovers any omission or wrong statement therein, he may furnish a return or a revised return, as the case may be, at any time before the assessment is made. " This provision gives one more ch....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nder the Indian Income-tax Act and left unassessed as being agricultural shall be assessed under the Act after allowing such deductions under the Act and the rules made thereunder. The second proviso to this rule says that, if the income for the purpose of the Indian Income-tax Act has not been determined before the filing of return under section 16, the assessee shall submit along with the returns a statement of profit and loss in respect of his entire income derived partly from agriculture and partly from business and thereupon he shall be assessed treating his agricultural income to be 60 per centum of the income derived from tea grown and manufactured in the State of Madras after allowing the deductions allowed by the Act. The proviso t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... not be consistent with such a construction. Also the proviso would have read differently, if it contemplated only a final assessment, because such an assessment is provided for by the first part of the rule and all that need be said under the second proviso in that case would be that, when the actual figures are available from the order under the Income-tax Act, the assessment order will be open to revision or adjustment. But that would not have served the purpose for which the second proviso has been enacted, namely, that to obviate delays in assessing and collecting tax on a provisional basis, a sort of summary assessment is allowed. Mr. Padmanabhan for the assessee says that even on that construction, it is open to the Agricultural I....