9911796707
TMI Blog1983 (11) TMI 125X X X X Extracts X X X X X X X X Extracts X X X X ..... 1977. However, no return was filed within the period required under law. The assessee, however, filed a return join 26th October, 1978 declaring loss of Rs. 2,75,866. The ITO completed the assessment u/ss "184 (7)/148/143 (3)" on 11th January, 1979. In this assessment he observed that "as the return has been filed in response to notice u/s 148, the loss determined in this year is not to be carried forward". The loss determined by him as lper this assessment was Rs. 2,75,866 which was accepted. This loss was, however, allocated in the profit sharing ratio of the partners. The ITO further observed that in view of the provisions of s. 80 the loss cannot be carried forward for set off u/ss 70,71,72,73,74 & 74A etc. 3. This assessment was cha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad jurisdiction u/s 263 in calling for the record and making such order thereon as he thought fit. After hearing the assessee he made the order that the assessment made by the ITO on 11th January, 1979 determining loss at Rs. 2,75,866, "was prejudicial to the interest of the revenue, the order of the ITO determining the loss is cancelled. Proceedings started u/s 148 will be dropped." It is against this order that the appeal is now before us. 5. The parties have been heard. From the narrative of facts above it is clear that when the assessee filed the return on 26th October, 1978, the time for filing the return in response to notice u/s 148 served upon the assessee on 12th July, 1977 had expired because the ITO had not extended time for fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ger of the order of assessment of the Income-tax Officer in the appellate order of the Appellate Assistant Commissioner or not and, if there is, to what extent, depends upon the subject matter of the appellate order. The order of assessment of the Income-tax Officer merged in the order of the Appellate Assistant Commissioner in so far as it relates to items considered and decided by the Appellate Assistant Commissioner in so far as it relate to items considered and decided by the Appellate Assistant Commissioner. However, that part of the order of assessment which relates to items not forming the subject matter of the appellate order which is left untouched does not merge in order of the Appellate Assistant Commissioner." These conclusion ..... X X X X Extracts X X X X X X X X Extracts X X X X
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