TMI Blog1967 (9) TMI 25X X X X Extracts X X X X X X X X Extracts X X X X ..... timated basis was invalid - - - - - Dated:- 6-9-1967 - Judge(s) : M. S. MENON., V. BALAKRISHNA ERADI. JUDGMENT This is a reference under section 256(1) of the Income-tax Act, 1961. The assessment year concerned is 1963-64 ; and the accounting period the Malayalam year 1137 M. E. The question referred is : " Whether, on the facts and in the circumstances of the case, there was non-complia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sment was under sub-section (3) of section 143. Sub-section (3) of section 142 only gives statutory recognition to a principle of natural justice. It was being observed during the currency of the Indian Income-tax Act, 1922, even though that Act contained no express provision in that behalf. It formed the foundation for the decision of the Supreme Court in Dhakeswari Cotton Mills Ltd. v. Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... settled principle on the subject and the provision of sub-section (3) of section 142. It follows that the question referred has to be answered in the affirmative, that is, in favour of the assessee and against the department, as far as the assessment relating to the head office of the assessee is concerned. We do so ; but in the circumstances of the case without any order as to costs. The con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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