TMI Blog1998 (2) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... ircular No. 601 dated 11-6-1991 and Circular No. 581 dated 28-9-1990 in support of the disallowance in ground No. 2. 2. We have heard the learned departmental representative, Sri Kuruvilla M. George and the learned Advocate of the assessee, Sri P.J. Jacob. Their arguments are taken into consideration. 3. At the outset, the learned departmental representative, Sri Kuruvilla M. George has relied on the proviso to section 43B of the Income-tax Act, 1961, which reads as follows: "Provided that nothing contained in this section shall apply in relation to any sum referred to in clause (a) or clause (c) or clause (d) which is actually paid by the assessee on or before the due date applicable in his case for furnishing the return of income un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the Tribunal viz., that an intimation under section 143(1)(a) cannot be sent after issue of a notice under section 143(2) of the IT. Act. While reverting to this additional ground, the learned departmental representative furnished chronological details of the events which are as follows: Return of income is filed on 31-10-1989. Notice under section 143(2) is issued on 27-3-1990. Intimation under section 143(1)(a) is issued on 9-8-1990. Order under section 143(3) is passed on 10-12-1990.The learned Advocate, Sri P.J. Jacob relied on the decision of the Calcutta High Court in the case of Modern Fibotex India Ltd v. Dy. CIT [1995] 212 ITR 496 in support of the contention that an intimation under section 143(1)(a) cannot be issued after t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the absence of any condition to that effect. On the contrary, the proviso to section 143(2) says that no notice shall be served on the assessee after the expiry of the financial year in which the return is filed or the expiry of six months from the end of the month in which the return is filed, whichever is later. This makes clear that in respect of the same return of income, the period available for issue of a notice under section 143(2) is only six months as against two years granted to an intimation under section 143(1)(a). This would also show that there cannot be a condition as alleged by the assessee. Sri Kuruvilla M. George submitted that the very decision of the Calcutta High Court in Modern Fibotex India Ltd.'s case relied on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d reducing the total loss to Rs. 24,05,390. This resulted in a levy of additional tax amounting to Rs. 55,529. According to the learned Advocate, Sri Jacob the disallowances appear to have been made for the reasons that evidence for payment of tax in due time had not been filed along with the return of income as required under section 43B. According to the learned Advocate, there are several High Court decisions wherein it has been held that the adjustment which could be made under section 143(1)(a) should be on the basis of the information available in the return and the accompanying documents. 8. We are not informed of the information and the documents that were made available with the return of income. It is true that if evidence has b ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
