1985 (10) TMI 16

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..... Appellate Tribunal on mandamus from this court has referred the following question for our opinion : "Whether, on the facts and in the circumstances of the case, and on proper interpretation of section 3(4) of the Income-tax Act, 1961, the Appellate Tribunal was right in law in affirming the order of the Income-tax Officer and directing him to proceed on the basis as if consent for change of prev .....

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..... year" who had duly given his consent to the change of the previous years from the calendar year to the financial year. As the application as well as the orders passed on that application were not available on record, information was sought from Shri Jagmohan Chopra if any consent was given, as alleged. Shri Chopra having denied the same, the assessing authority rejected the contention of the asse .....

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..... holding that the consent would be deemed to have been granted. As the provisions of section 3(4) of the Act did not envisage any implied consent, the Appellate Assistant Commissioner was not competent to record the finding that the consent would be deemed to have been given. The argument is wholly fallacious and is based on the assumption that the Appellate Assistant Commissioner has recorded find .....

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