TMI Blog1998 (11) TMI 120X X X X Extracts X X X X X X X X Extracts X X X X ..... . There after the petitioner has filed a revised return claiming a sum of Rs. 45,08,85,300 to be carried forward as loss. Before the petitioner filed the second revised return he received a notice dated May 31, 1990, under section 145(2) of the Act on June 1, 1990, whereby respondent No. 1 required the petitioner to produce the documents and accounts on which the petitioner wanted to rely in support of the return on June 18, 1990. In pursuance of that notice, the authorised representative of the petitioner produced all the books of account and documents. In the course of hearing, respondent No. 1 required the authorised representative of the petitioner to furnish certain particulars for which he fixed the next date of hearing on September 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rrors in the return, accounts or documents accompanying it shall be rectified ; (ii) any loss carried forward, deduction, allowance or relief, which, on the basis of the information available in such return, accounts or documents, is prima facie admissible but, which is not claimed in the return, shall be allowed; (iii) any loss carried forward, deduction, allowance or relief claimed in the return, which, on the basis of the information available in such return, accounts or documents, is prima facie inadmissible, shall be disallowed;" Counsel for the petitioner further placed reliance on the decisions of this court and the Gujarat High Court which are as follows: (1) Modern Fibotex India Ltd. v. Deputy CIT [1995] 212 ITR 496 (Cal); ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on is given and the consequences that would follow from the infringement of the direction and other such considerations (see CIT v. Rai Bahadur Bissesswarlal Motilal Malwasie Trust [1992] 195 ITR 825 (Cal)). The context in which the word 'shall' has been used in section 143(2) has to be read in the background of the proviso to the section and that is where there is no scope for any adjustments in terms of the proviso, there would be no scope for sending any intimation." In Gujarat poly-AVX Electronics Ltd. v. Deputy CIT [1996] 222 ITR 140 (Guj) at page 150, the Gujarat High Court has observed as under : "Looking to the language of section 143(2) of the Act, it is clear that the Assessing Officer has to follow the procedure under section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance of the assessment order. Dr. Pal, has not objected to this limited submission, but he insisted that the intimation under section 143(1)(a) in 1991, should be quashed. The plain reading of the provisions of section 143(1)(a) of the Act shows that a notice under section 143(2) can be issued even after intimation under section 143(1)(a), but no intimation can be issued under section 143(1)(a) after issuance of the notice under section 143(2) of the Act. In the instant case, admittedly, a notice under section 143(2) has been issued on May 31, 1990, being annexure-"A" to the writ petition, and an intimation under section 143(1)(a), being annexure-"B" to the writ petition, has been issued on March 2 7, 1991, that is, after issuance of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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