TMI Blog2023 (1) TMI 680X X X X Extracts X X X X X X X X Extracts X X X X ..... ished by the assessee in consequence of a notice issued under Section 34 of the Income Tax Act, 1922, it was not open to the Income Tax Officer to ignore that return and issue a further notice under Section 34(1)(a) on the assumption that there had been an omission or failure on the part of the assessee to make return of his income. This decision was affirmed by the Hon ble Supreme Court in the Commissioner of Income Tax, Madras vs. S. Raman Chettiar, [ 1964 (10) TMI 18 - SUPREME COURT] The underlying legal principle is that, when a notice under Section 148 of the Act is issued, the original assessment proceedings are entirely opened up or left open and the finality which had occurred in the first assessment order does not exist any lon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... favour of the appellant/revenue and condone the delay. The application for condonation of delay (IA No.GA/1/2022) is allowed. ITAT/187/2022 This appeal by the revenue filed under Section 260A of the Income Tax Act, 1961 (the Act) is directed against the order dated 29th May, 2020 passed by the Income Tax Appellate Tribunal A Bench, Kolkata (Tribunal) in ITA No. 638/Kol/2017 for the assessment year 2008-09. The revenue has raised the following substantial questions of law for consideration :- i) Whether the Learned Tribunal has committed substantial error in law in holding the second notice under section 148 of the Income Tax Act, 1961 as invalid and consequential action which culminated in assessment order dated 29.03.201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed of. This question of law has been answered in several decisions and one of the earliest decisions is in the case of S. Raman Chettiar vs. CIT reported in (1961) 42 ITR 700, wherein the Court held that when a return is furnished by the assessee in consequence of a notice issued under Section 34 of the Income Tax Act, 1922, it was not open to the Income Tax Officer to ignore that return and issue a further notice under Section 34(1)(a) on the assumption that there had been an omission or failure on the part of the assessee to make return of his income. This decision was affirmed by the Hon ble Supreme Court in the Commissioner of Income Tax, Madras vs. S. Raman Chettiar, (1965) 55 ITR 630. There is also a decision of the High Court of Alla ..... X X X X Extracts X X X X X X X X Extracts X X X X
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