TMI Blog2004 (6) TMI 304X X X X Extracts X X X X X X X X Extracts X X X X ..... i Suresh Ojha was present on behalf of the assessee and Shri D.R. Zala was present on behalf of the Department. 3. We have heard the learned rival representatives and have perused the evidence on record. 4. The brief facts are that the assessee filed revised return declaring an income of Rs. 40,000 as against income of Rs. 20,841 declared in the original return on 24th Jan., 1990. The AO enhan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pril, 1983 and 31st March, 1984, drafts amounting Rs. 38,639 were not entered in the books. But this fact was incorporated in the revised return. The case of the AO (sic assessee) is that it had filed revised returns voluntarily and not in pursuance of receipt of notice under s. 148 of the Act. 5. We have heard the rival submissions and have perused the evidence on record. 6. The learned Depar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rajasthan on 26th Oct., 1989, vide letter No. 760, requesting the manager of the bank to give details of purchases of drafts during a particular period with all related details. The bank replied vide letter which was received in the office of the ITO on 10th Jan., 1990. It was revealed from this letter that the assessee had purchased certain drafts which were not incorporated or recorded in the bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aper book. The Tribunal has categorically held that the notice under s. 148 was issued after filing of the revised return on 24th Jan., 1990; the notice was issued on 20th March, 1990. 11. After careful consideration, we are of the considered opinion that when the assessee had filed revised return before any notice having been issued to the assessee under s. 148 or otherwise, it is not presumed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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