9911796707
TMI Blog1968 (8) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... March 31, 1946. On August 17, 1959, the appellant filed a return for the assessment of his income for the year 1946-47. The appellant was informed by the Income-tax Officer that he was called upon to submit a return of his income for the assessment year 1945-46 and not for the assessment year 1946-47. The appellant on March 22, 1960, filed a fresh return for the assessment year 1945-46, admitting that he had " misunderstood the notice " served upon him. In his return he admitted that he had a third share in a firm styled " Sheoprasad Shobharam ". On March 14, 1963, the Income-tax Officer issued another notice under section 148 of the Income-tax Act, 1961, calling upon the appellant to submit a return of his income for the assessment year 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed a return for the assessment year 1946-47. There was apparently some negligence in drawing up the preamble to the notice, but that does not affect the validity of the notice, for the appellant was clearly informed that he had to file a return for the year ending March 31, 1946. The appellant then contended that, in any event, on August 17, 1959, the appellant had submitted a return for the assessment year 1946-47 and even if no notice for the assessment year 1946-47 calling upon him to submit a return for that year was issued, a notice under section 34 of the Income-tax Act, 1922. or under section 148 of the Income-tax Act, 1961, was incompetent so long as the return, submitted by the appellant in August, 1959, for the assessment ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome-tax Officer to serve a notice on the assessee for assessment or reassessment if--(a) the Income-tax Officer had reason to believe that by reason of the omission or failure on the part of an assessee to make a return of his income under section 22 for any year or to disclose fully and truly all material facts necessary for his assessment for that year, income, profits or gains chargeable to income-tax have escaped assessment for that year, or have been under-assessed, or assessed at too low a rate, or have been made the subject of excessive relief under the Act, or excessive loss or depreciation allowance has been computed, or if (b) in cases not mentioned in clause (a) the Income-tax Officer had in consequence of information in his poss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urn has been filed by the assessee within the Period Prescribed by section 22(l) of the Income-tax Act, 1922, the assessee is entitled in law to submit a voluntary return in answer to the general notice under section 22(l) before assessment is completed, for a return in answer to the general notice can under section 22(3) be filed at any time before assessment and for filing such a return there is no limit of time, and when such a voluntary return is filed, the Income-tax Officer cannot ignore that return voluntarily filed and issue a notice of reassessment under section 34 of the Income-tax Act, 1922. A notice of reassessment before the voluntary return is disposed of is therefore invalid. But the principle of Ranchhoddas's case only appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt the assessment under section 34 was invalid. In that case also no return had been filed by the assessee pursuant to section 22 and no order of assessment of the income of the assessee for the year 1944-45 was recorded. The principle of Ranchhoddas's case and S. Raman Chettiar's case has, in our judgment, no application to cases where a return has been filed by the assessee and assessment made and thereafter apprehending proceedings under section 34 of the Indian Income-tax Act, 1922, the assessee files another return. Unless a notice of reassessment is issued by the Income-tax Officer, the assessee cannot, after an order of assessment is made, submit a return of his income for the year for which he is already assessed and call upon the I ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
