COMMISSIONER OF INCOME-TAX, A. P. vs UNITED CONSTRUCTIONS, — 1971 PTD 277

Citation: 1971 PTD 277

Court: Andhra Paradesh High Court

Year: 1970

Decision Date: 1970-12-31

Parties: COMMISSIONER OF INCOME-TAX, A. P. vs UNITED CONSTRUCTIONS, JUDGMENT

Headnotes

Case cited as 1971 PTD 277

Judgment Text

Court Name: Andhra Paradesh High Court Judge(s): P. Jaganmohan Reddy, Sambasiva Rao Title:COMMISSIONER OF INCOME-TAX, A. P. vs UNITED CONSTRUCTIONS, JUDGMENT Reported As: 1971 PTD 277 Result: Question answered in the affirmative Judgment JUDGMENT P. JAGANMOHAN REDDY, C. J.-The Tribunal has referred the following question for our decision, viz. "Whether, on the facts and in the circumstances of the case, the notice issued under section 34(1) (a) was invalid, being barred by limitation ?" The assessee filed a return for the assessment year 1943-44 for which the corresponding accounting year is the year ended on March 31, 1943. It may be stated that the assessee-firm undertook a contract for the construction of an aerodrome at Madhurpudi, near Rajahmundry, during the Second World War, the work having been started in October 1942, and completed in December 1943. The accounts of the firm were closed for the whole period from October 1, 1942 to December 31, 1943. The Income-tax Officer issued a notice under section 22(2) on February 19, 1944, calling for a return of income for the assessment year 1943-44. In reply, the assessee stated that the work was started in October 1942, and completed in December 1943, and the accounts were under completion. The Income-tax Officer closed the assessment proceedings as "no assessment" on March 30, 1944, with the remark that the work was completed in 1943 and the income relating to the contract work was assessable in 1944-45. For the assessm…

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