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TMI Blog2008 (11) TMI 170X X X X Extracts X X X X X X X X Extracts X X X X ..... 3(1)(a) of the Income-tax Act, 1961. Regular assessment was completed for the assessment year 1990-91 under section 143(3) of the Act after issuing notice under section 143(2) of the Act. Later, the Assessing Officer noticed that the intimations sent were incorrect inasmuch as adjustments towards prima facie inadmissible items, namely, disallowance under rules 6B, 6D and section 37(2A) were not made. Accordingly notices were sent under section 154(1) (b) of the Act and assessments were rectified, vide two orders dated February 8, 1994, produced as annexure A to the reference case. In the appeals filed by the assessee, the Commissioner of Income-tax (Appeals) held that the proceedings sent under section 143(1) (a) on August 31, 1990, and Feb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el the Tribunal has committed errors not only on facts but with reference to statutory provisions also. In the first place, on going through the records available with the assessee we find that returns were acknowledged on the date of filing it, i.e., on December 29, 1989, for the year 1989-90 and on December 31, 1990, for the year 1990-91. It is seen from annexure A produced for both the years that the returns were processed and intimations were sent, though without demand, on August 31, 1990, and February 28, 1991. The Commissioner of Income-tax (Appeals) and the Tribunal have also referred to these intimations issued under section 143(1) (a) which are not acknowledgments of filing of returns. The question, therefore, to be considered is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al for reconsideration for the year 1989-90. 5. So far as the case for 1990-91 is concerned, one additional feature noticed by the Tribunal in the reference order is that after issuing intimation under section 143(1) (a), the Assessing Officer had completed a regular assessment under section 143(3). The question, therefore, is whether after issuing a regular assessment, the proceedings issued under section 143(1)(a) can be rectified. The decision of the Supreme Court in CIT v. Gujarat Electricity Board [2003] 260 ITR 84 relied on by the Tribunal does not apply to the facts of this case because there what was decided was not the right of the Assessing Officer to rectify under section 154(1) (b) of an intimation after issuing a regular asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
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