9911796707
TMI Blog2004 (5) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... , inter alia, under section 210 of the Act for the assessment year 1981-82 for which no regular assessment was made and the same was allowed to become time-barred by the Income-tax Officer. The brief facts of the case are that the petitioner filed his income-tax return under section 139(1) of the Act on July 21, 1981 for the assessment year 1981-82 relevant to the accounting year ending on March 31,1981. He declared his taxable income to be Rs. 33,609. The tax payable on the basis of the return came to Rs. 6,758 only and a sum of Rs. 15,010 had already been deducted at source during the accounting year 1980-81 by the Executive Engineer, Construction Division, Palwal, under section 194C of the Act. Therefore an excess amount of Rs. 8,252 ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment of this court in the case of Deep Chand Jain v. ITO [1984] 145 ITR 676 (P&H) because in that case the regular assessment had become time barred and the provisions of article 265 were interpreted to mean that such payment of tax would not be authorized by law as the collection of tax also involves computation and assessment by passing assessment order. After hearing learned counsel for the parties and in view of the fact that the view taken by this court in Deep Chand's case [1984] 145 ITR 676 (P&H) has now been overruled by the Supreme Court in the case of CIT v. Shelly Products [2003] 261 ITR 367; [2003] 5 SCC 461, the petition has to be dismissed. According to the judgment in the case of Shelly Products [2003] 261 ITR 367 (SC); ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent and to compute the tax payable on such income and to pay the same in the manner provided by the Act. Thus, the filing of return and the payment of tax thereon computed at the prescribed rates amounts to an admission of tax liability which the assessee admits to have incurred in accordance with the provisions of the Finance Act and the Income-tax Act. Both the quantum of tax payable and its mode of recovery are authorised by law. The liability to pay income-tax chargeable under section 4(1) of the Act thus, does not depend on the assessment being made. As soon as the Finance Act prescribes the rate or rates for any assessment year, the liability to pay the tax arises. The assessee is himself required to compute his total income and pay t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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