TMI Blog1989 (7) TMI 48X X X X Extracts X X X X X X X X Extracts X X X X ..... eged to have been made on January 31, 1975, by the Income-tax Officer for the assessment year 1972-73 was itself the subject-matter of the writ proceedings in Civil Rule No. 4281(W) of 1975 and by reason of the judgment and order made by Sabyasachi Mukharji J. (as his Lordship then was) on March 5, 1976, and March 26, 1976, the said order, if any, had been set aside and the assessment made by respondent No. 2 on March 30, 1977, after complying with and giving effect to the directions of this court as contained in the order dated March 5, 1976, can only be treated as the "regular assessment" within the meaning of section 214 of the said Act read with section 2(40) of the said Act and as such there is no error made by respondent No. 2 in his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... drawn the attention of the court that respondent No. 1 is acting illegally, erroneously and in clear contravention of the provisions of the Act by treating the assessment for the assessment year 1972-73 made on January 31, 1975, as the "regular assessment" for the purpose of section 214 of the Act and the basis on which the purported notice under section 263 of the Act had been issued is clearly illegal, invalid and without jurisdiction. Dr. Pal submits further that unless the respondents are restrained by an appropriate order of this court from proceeding with and or taking any steps in pursuance of the impugned notice dated September 5, 1979, issued by respondent No. 1 under section 263 of the Act, respondent No. 1 is likely to pass an o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the interest payable under section 214 of the Act to Rs. 11,36,847 by an order dated October 15, 1977. It further appears that the Commissioner of Income-tax has issued the present notice for revising the orders dated October 4, 1977, and October 15, 1977, for the assessment year 1972-73 on the ground that interest which is payable under section 214 of the Act has to be allowed to the assessee with reference to the excess amount of advance tax paid after adjusting the payment made under sections 207 to 213 of the Act against the tax determined on regular assessment. The dispute has come to the court as to the interpretation of "regular assessment". The original assessment made by the Income-tax Officer raised a question as to whether inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase, an assessment made by the Income-tax Officer. This court has looked into the various facts of the case and also looked into the assessment made in the instant case which is under challenge in the writ petition. After going through the impugned order, this court does not find that the impugned notice suffers from any infirmity and any step taken by the respondent is contrary to the submissions and provisions of law as enunciated in the reported decision. This court does not find that, in issuing the impugned order, there is any infringement of the right of the petitioner. The petitioner will have ample opportunity to place on record all relevant facts and materials in support of its contention at the time of adjudicating the same by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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