TMI Blog1967 (8) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... re the AAC is not competent u/s 30 - - - - - Dated:- 24-8-1967 - Judge(s) : M. M. ISMAIL., S. K. KAPUR. JUDGMENT R. B. Jodha Mal Kuthiala (hereafter referred to as the assessee) is a partnership firm and the dispute in this case relates to the accounting period ended 31st October, 1954, relevant to the assessment year 1955-56. The assessee filed its loss return for the assessment year 195 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax Officer that the return was not valid. The assessee preferred an appeal to the Income-tax Appellate Tribunal and contended that : (i) the return filed by the assessee was a valid one and the Income-tax Officer should have processed the return and computed the loss ; and (ii) the order of the Income-tax Officer amounted to computing the loss at zero and since section 30 in terms provides a right ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of loss, or even if he had computed a loss it would be difficult to say the extent thereof. Hence, when the Income-tax Officer has refused to apply his mind, it cannot be held that he should be deemed to have applied his mind and further he be deemed to have computed the loss at zero. " In the result, the Tribunal held that the appeal before the Appellate Assistant Commissioner was incompetent. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 30. The relevant part of section 30 reads : " Any assessee objecting to the amount of income assessed under section 23 or section 27, or the amount of loss computed under section 24 or the amount of tax determined under section 23 or section 27, or denying his liability to be assessed under this Act ...... may appeal to the Appellate Assistant Commissioner ....... " In this case the I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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