COMMISSIONER OF INCOME-TAX, PATIALA vs HARGOPAL BHALLA & SONS — 1976 PTD 450

Citation: 1976 PTD 450

Court: Punjab and Haryana High Court

Year: 1970

Decision Date: 1970-11-09

Parties: COMMISSIONER OF INCOME-TAX, PATIALA vs HARGOPAL BHALLA & SONS

Headnotes

Case cited as 1976 PTD 450

Judgment Text

Court Name: Punjab and Haryana High Court Judge(s): D. K. Afahajan, Balraj Tuli Title: COMMISSIONER OF INCOME-TAX, PATIALA vs HARGOPAL BHALLA & SONS Case No.: Income-tax Reference No, 17 of 1969 Date of Judgment:1970-11-09 Reported As: 1976 PTD 450 Result: Questions answered in the negative JUDGMENT JUDGMENT ' B. R. TULT, J.-The following questions of law have been referred to this Court for opinion by the Income-tax Appellate Tribunal Delhi Bench "C" "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in cancelling the assessm ent order passed by the Income-tax Officer? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right In law to hold that the penalty proceedings were invalid and cancel the order of penalty passed by the Inspecting Assistant Commissioner of Income-tax?" ' The assessm ent year in question is 1961-62 for which a return declaring an income of Rs, 63,576 was filed by the assesses on March 31, 1962, before the Income-tax Act, 1961, came into force. Later on, the assessee filed a revised return on November 15, 1962, declaring its income as Rs, 71,137. The Income-tax Officer made the assessment under section 143(3) of the 1961 Act instead of under section 23(3) of the Income-tax Act, 1922. Admittedly, according to the provisions of section 297(2) (a) of the 1961 Act, the assessm ent had to be made under section 23(3) of the 1922 Act. The Income-tax Appellate Tribunal has set aside the…

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