1999 PLP 2565 (PTD)
COMMISSIONER OF INCOME-TAX Versus JAIDEO JAIN & CO.
| Citation | 1999 PLP 2565 (PTD) |
| Forum / Court | 227 I T R 302 |
| Bench Members | B.R. Arora and P. C. Jain, JJ |
| Parties | COMMISSIONER OF INCOME-TAX Versus JAIDEO JAIN & CO. |
| Primary Law | Income-tax |
Q1: What are the key laws and sections cited in 1999 PLP 2565 (PTD)?
This judgment primarily cites: Income-tax as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 2565 (PTD)?
The case was heard and decided by the 227 I T R 302 bench comprising: B.R. Arora and P. C. Jain, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 2565 (PTD) (COMMISSIONER OF INCOME-TAX Versus JAIDEO JAIN & CO.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sandeep Bhandawat for Appellant.
Headnotes / Summary
Reassessment
Fresh notices issued when original assessments initiated under S. 148 were pending
Original assessments barred by time
Tribunal was right in annulling the reassessment
No question of law arose
Indian Income Tax Act, 1961, Ss. 147, 148 &
256. Held, dismissing the application to direct reference, that the Tribunal had passed its judgment after considering all the facts and circumstances of the case. The Tribunal had held that the fresh assessment proceedings initiated for the same assessment years, were invalid because they were completed on the basis of the fresh notice issued under section 148 of the Income Tax Act, 1961, and the notices were issued on March 31, 1980, and March 17, 1981, i.e., at the time when the original proceedings initiated under section 148 were still pending and the original assessments were barred by time. The Tribunal was justified in annulling the assessments made under section 147/148 and no question of law arose from its order.
Judgment & Decree
B.R. ARORA, J.
By this application under section 256(2) of the Income Tax Act, 1961, the Revenue has prayed that the Tribunal may be directed to submit the statement of the case and refer the following questions of law for the opinion of the High Court: "(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally justified in annulling the assessment made under section 147/148 of the Income-tax Act? (2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally justified in holding that the proceedings initiated under section 147/148 on October 9, 1973, have not been concluded to a logical end and, therefore, the fresh notice under section 148 was invalid?" The Income-tax Appellate tribunal, Jaipur Bench, Jaipur, before which the application under section 256(1) of the Act was made by the Revenue for referring the above two questions of law for the opinion of the High Court, dismissed the application on the ground that the answer to both these questions are self-evident and, therefore, it is not necessary to refer these questions for the opinion of the High Court. The judgment passed by the Tribunal is after discussion of all the facts and circumstances of the case. While deciding the case, the Tribunal has relied upon the judgment of the Supreme Court. The Tribunal also held that since the original assessment proceedings have got barred by time for both the assessment years, the fresh assessment proceedings initiated for the same assessment years, were invalid because they were completed on the basis of the fresh notice issued under section 148 of the Act and the notices were issued on March 31, 1980, and March 17, 1981, i.e., at the time when the original proceedings initiated under section 148 were still pending. After perusal of the order passed by the Tribunal, we are of the opinion that no referable questions of law arise out of the judgment, dated June 30, 1993, passed by the Tribunal as the answers to both the questions are evident and the Tribunal was, therefore, justified in refusing to refer the above two questions of law for the opinion of the High Court. In this view of the matter, we do not find any merit in this case and the same is hereby dismissed. M.B.A./2033/FC ??????????????????????????????????????????????????????????????????? Application dismissed.