TMI Blog1980 (8) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... il 1, 1970. The financial year is the previous year. The assessee maintained accounts on mercantile basis. As the assessee failed to file a return in compliance with a notice under s. 139(2) of the I.T. Act (hereinafter called " the Act "), best judgment assessment was completed by the ITO on November 28, 1972, at a total income of Rs. 2,00,000. On appeal, the AAC reduced the said income to Rs. 1, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the income of the assessee-firm on the basis of a demand notice issued under section 210 of the Act and as to whether this could be made the basis for determining the estimated income at Rs. 75,000 ? (iii) Whether before framing an assessment under section 144 of the Act, the provisions of sections 142, 143 and 69 of the Income-tax Act were complied with or not and whether the principles of natu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... questions of law, but are questions of fact. As regards the first question, it cannot be disputed that if, on certain materials, inferences have been drawn by the Tribunal, that will essentially be a finding of fact. The learned counsel for the, assessee could not point out anything to show that there was absolutely no material on record to determine the income of the assessee-firm at Rs. 75,000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matter before any authority. It is not open to us, sitting in this jurisdiction, to allow a new plea of fact to be raised and then to come to a conclusion that question of law would arise from that plea. Learned counsel could not point out anything from the record to show that any such plea was taken before the Tribunal. Moreover, a demand notice issued under s. 212(3A) to the assessee could not b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of the principles of natural justice by the ITO or as to the assessment proceedings being a nullity in law was argued before the Tribunal in appeal. It has, therefore, to be held that this question does not arise -out of the order of the Tribunal. With respect to question No. 4, the learned counsel for the assesseefirm could not point out anything to show that no notice was issued to the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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