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1989 (1) TMI 58

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..... here pertains to the form and content of valid order of assessment in terms of sections 143 and 144 of the Income-tax Act, 1961 (hereinafter referred to as "the Act"). Under these provisions of law, the Income-tax Officer is required to assess the income on which tax is payable and also to determine the tax payable thereon. Is an order of assessment to be taken to be invalid, merely on the ground .....

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..... not where the assessable income was computed" could not have the effect of vitiating the assessments and turning them into a nullity ?" The answer to the question posed has clearly to be given in the negative, in favour of the Revenue and against the assessee. A somewhat similar question arose before the High Court of Karnataka in CIT v. R. Giridhar [1984] 145 ITR 246, where the determination of .....

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..... tax determined had not been shown in the assessment order, but merely in the demand notice, the assessment was vitiated. Here as mentioned earlier, the assessment order and the determination of tax thereon, were both made on the same day. The notice of demand too was issued on that very day. In substance, therefore, the determination of tax was part of the assessment order, though it happened to .....

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