1990 (1) TMI 109

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....82-83 and 1983-84. The parties have been heard. The impugned amounts in the issue in appeals are deleted for the following reasons. 2. The ITO had completed the original assessments under s. 143(3) on 27th Nov., 1984. Subsequent to these assessments, the assessee filed return for each year voluntarily on 22nd Sept., 1986 because he had declared some amounts under the amnesty scheme. The ITO as ....

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....is circular is referred to as 397 dt. 16th Oct., 1984. On the other hand, the learned Departmental Representative submitted that after the notice under s. 148 for reopening the assessment is issued and complied with, the entire assessment is open before the ITO from the stage of filing the return and in completing such an assessment, the ITO correctly disallowed interest under s. 40(b) in accordan....

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.... to disclose primary facts and he has also not to indicate what the factual or legal inference should properly be drawn from those primary facts by the ITO. In the years under appeal, the ITO who completed the original assessments had applied his mind to the facts of the case but did not disallow interest under s. 40(b). In the present reassessment proceedings the ITO violated the principles of na....