TMI Blog2007 (10) TMI 626X X X X Extracts X X X X X X X X Extracts X X X X ..... authorities from the Appraiser, Foreign Post Office, Jaipur, the said goods were delivered to Income-tax Officer under the provisions of section 132A(2), on 29-12-1980. As a matter of fact, the ITO, H-Ward, Jaipur framed provisional assessment order u/s 132(5), assessing the income of the assessee at ₹ 3,48,116. The assessee filed return of income for the assessment year 1980-81 thereafter on 31-5-1982 and the order u/s 143(1) accepting the return of income was passed on 15-6-1982. The Assessing Officer, thus, at the time of passing of the order dated 15-6-1982 had in his possession all primary facts necessary for framing the assessment and it was for him to draw proper inference from those facts which the Income-tax Officer did not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... son and the file bag that he was carrying in which Emeralds and Ruby (finished goods) of about ₹ 3,48,116 was recovered. For want of any proof by him for lawful acquisition/possession of the said goods, the customs authorities seized the said goods somewhere in the third week of October, 1979. The seized goods were delivered to the authorised officer (Income-tax Officer) under section 132A(2) of the Income-tax Act, 1961 by the Customs authorities on 29-12-1980. Pertinently, the Income-tax Officer, H-Ward, Jaipur, on 27-11-1981, passed a provisional order of assessment under section 132(5) assessing undisclosed income of the assessee at ₹ 3,48,116 and raising total tax liability at ₹ 3,49,509. On 31-5-1982, the assessee fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner of Income-tax (Appeals) and dismissed the appeal of the revenue and the cross-objections of the assessee. 6. The revenue made an application before the Tribunal under section 256(1) for making reference of the following question of law to the Rajasthan High Court for its answer: Whether on the facts and in the circumstances of the case, the Tribunal was justified in upholding the CIT(A) s order quashing the reassessment made under section 143(3)/148 of the Income-tax Act, 1961? 7. The Tribunal by its order dated 14-7-1993 dismissed the said application. It is in these circumstances that the revenue has made this application under section 256(2) for asking the Tribunal to refer the afore-noticed question to this Court for its opini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el for the revenue relied upon the judgment of the Supreme Court in the case of Asstt. CIT v. Rajesh Jhaveri Stock Broker (P.) Ltd. [2007] 291 ITR 5001, yet we find that the observation of the Supreme Court that the acceptance of return under section 143(1) is an intimation and not the assessment order are referable to the amended provisions of section 143(1) post 1-4-1989. Insofar as the provisions of section 143(1) as it stood prior to 1-4-1989 was concerned, the Supreme Court held thus: Under section 143(1)(a) as it stood prior to 1-4-1989, the Assessing Officer had to pass an assessment order if he decided to accept the return, but under the amended provision, the requirement of passing of an assessment order has been dispensed with and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g come to the notice of the Assessing Officer. We are unable to accept the submission of the counsel for the revenue. As noticed above, the goods were seized by the customs authorities somewhere in the third week of October, 1979 and after valuation of the said goods having been got done by the customs authorities from the Appraiser, Foreign Post Office, Jaipur, the said goods were delivered to Income-tax Officer under the provisions of section 132A(2) of the Income-tax Act, 1961 on 29-12-1980. As a matter of fact, the ITO, H-Ward, Jaipur framed provisional assessment order under section 132(5) of the Income-tax Act assessing the income of the assessee at ₹ 3,48,116. The assessee filed return of income for the assessment year 1980-81 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and it cannot be said that the income chargeable to tax for the relevant assessment year had escaped assessment by reason of the omission or failure on the part of the assessee to disclose fully and truly all material facts. The Income-tax Officer had all the material facts before him when he made the original assessment. He cannot now take recourse to section 147(a) to remedy the error resulting from his own oversight. (p. 4) 12. The consideration of the matter by the Income-tax Appellate Tribunal is in accord with the law exposited by the Supreme Court in the afore-referred case. 13. We are, thus, satisfied that the order of Income-tax Appellate Tribunal dated 27-3-1992 does not give rise to any question of law and the rejection of the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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