TMI Blog1990 (6) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... me-tax Act, 1961, hereinafter referred as the Act, as null and void by holding that information regarding possession of truck No. PNO-4955 by the assessee was already known to the ITO before completion of assessments and, therefore, actions under section 148 read with section 147(a) of the Act could only be termed as ' change of opinion '. 2. For the assessment year 1973-74, the assessee filed his return under section 139(1) of the Act declaring income of Rs. 13,940 on 10-8-1973, which was accepted under section 143(1) of the Act on 17-12-1975. 3. Voluntary disclosure was made under the Voluntary Disclosure of Income and Wealth Ordinance, 1975, hereinafter referred as the VDIWO, 1975, declaring truck No. PNO-4955 and DHG-8180 on 31-12 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sment year 1973-74, the assessee submitted a return on 9-5-1978, which was claimed to have had been submitted in pursuance to a notice under section 148 read with section 147(a) of the Act but the assessee simply has no proof or evidence that any notice under section 148 read with section 147(a) of the Act had actually been received and served both for the assessment years 1973-74 and 1974-75. 9. As per the Revenue, a notice under section 148 read with section 147(a) of the Act dated 30-3-1983 was served on the assessee on 31-3-1983 in respect of assessment year 1974-75, which was complied with and a return submitted on 25-5-1983. The assessment on the said returns was also framed on 7-3-1986 i.e. the same day as the date of assessment fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been asked to explain the proceedings getting time barred. Since the ITO did not take any action on returns filed in response to notices issued u/s. 148 in 1978, the proceedings in both the years have got time barred and the subsequent notice u/s. 148 cannot be upheld as lawful. Hence the assessments completed u/s. 143(3)/147(a) are declared null and void in both the years." 11. From the above, it is noticed that the learned first appellate authority simply omitted to take notice of the assessee's return submitted on 18-3-1976 in respect of assessment year 1973-74 in which there was no disclosure of Truck No. PNO-4955 and DHG-8180 even after the assessee had made disclosures. Further, when the Revenue denied of serving any notice for re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld be taken into account for the purposes of proceedings relating to assessment or reassessment under the Income-tax Act or the Wealth-tax Act, it must be presumed that he knowingly left out of consideration assessments of income in relation to disclosed trucks. 14. Like for the assessment year 1973-74, for this year also, though the assessee claimed that his return submitted on 9-5-1978 was in pursuance to notice under section 148 read with section 147(a) of the Act claimed to have had been served on 18-3-1978 but there is absolutely no evidence on record and, therefore, acceptance of that version of the assessee by the AAC was completely out of place and did not fit in the sequences of events because in the first place return submitte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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