1992 (8) TMI 64

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..... tion impugns an order of intimation dated January 30, 1990, issued under section 143(1)(a) of the Income-tax Act, 1961. The petitioner-bank returned a total income of Rs. 16,86,48,302 as its total income during the previous year relevant to the assessment year 1989-90. The petitioner had not included in its return a sum of Rs. 2,30,11,856 towards interest on securities as, according to the petiti .....

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..... iew of section 143(1)(a) of the Income-tax Act. Curiously enough, though the Commissioner accepted this contention as prima facie correct, he proceeded to consider the matter on the merits and took a view adverse to the petitioners and consequently dismissed the appeal. Section 143(1)(a) provides for issuance of an intimation and the first proviso thereto specifically enumerates the circumstances .....

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..... ourt to which one of us (Mrs. Sujata Manohar J.) was a party in Khatau Junkar Ltd. v. K. S. Pathania [1992] 196 ITR 55). The impugned intimation dated January-30, 1990, is therefore, without jurisdiction and is hereby quashed and set aside. Consequently, the additional tax claimed from the petitioner is without authority and is hereby quashed and set aside. The respondents shall issue a fresh inti .....

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