TMI Blog1980 (9) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... eveli, dismissing the appeals filed against the assessment made for the years 1973-74, 1974-75 and 1978-79 as not entertainable. 2. The appellants, a public limited company filed the necessary return in Form II showing the income derived from agricultural operations and the Agrl. ITO finalised the assessments observing as follows for the asst. yr. 1973-74: "The assessee filed the return. A not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17(2) the Agrl. ITO ought to have passed order under s. 17(4) and not under s. 17(3). Though the section quoted in the orders is 17(3), the AITO's proceedings clearly indicate that it is only 17(4) orders. As there is no appeal before the AC of AIT for the orders passed by the AITO under s. 17(4), the appeals are not entertainable" In the present appeals before us against the orders of the Asstt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessing authority was away on camp or the assessing officer himself had adjourned the hearing, that therefore there was full co-operation extended by the appellants and hence there was hardly any justification for the appellate authority to hold that the appellants did not produce the accounts and that the assessment ought to have been passed under s. 17(4) of the Act. 3. The ld. State Rep. reli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Asstt. Commr. The Asstt. Commr. cannot say at that stage that the assessments had been completed under s. 17(4) which in effect would deny the opportunities available to the assessees to apply for cancellation of assessments under s. 19. This Tribunal has held in several cases such as ATA 169/70, 170/79 etc. dt. 16th Oct., 1979 that the authorities are at liberty to complete the assessments under ..... X X X X Extracts X X X X X X X X Extracts X X X X
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