Law: Income Tax Act, 1961

Section: 22(1),139

Section 139 of the Income-tax Act, 1961 [Corresponding to section 22 of the Indian Income-tax Act, 1922], read with Indian Finance Act, 1940 - Return of Income - Assessment year 1940-41 - Place where assessee were resident was a partially excluded area - Notice under section 22(2) of 1922 Act was issued on 20-4-1940 requiring assessee to furnish return - Thereupon notice under section 22(1) of 1922 Act was published on 22-4-1940 requiring persons generally to file return - On receipt of assessee's returns assessments were completed on 9-3-1941 - Appeal filed before AAC was dismissed on 30-12-1942 and appeals filed before Tribunal were dismissed on 27-7-1943 - Governor of Bihar by Notification under section 92(1) of Government of India Act, 1935 dated 26-5-1940 directed that Indian Income-tax (Amendment) Act, 1939, Income-tax Law Amendment Act, 1940, and Indian Finance Act, 1940 should be deemed to have been applied to area where assessees were resident retrospectively - It was further clarified by Regulation I of 1941 that aforesaid Acts would come into force in said area on 1-4-1939, 26-3-1940 and 6-4-1940 respectively - Whether Notification dated 26-5-1940, read with Chotanagpur Division and Santal Parganas District Validating Regulation, 1941, issued by Governor of Bihar was competent in law to validate proceedings initiated and completed for assessment of assessee under Indian Income-tax Act, 1922, as amended by Indian Income-tax (Amendment) Act, 1939, for assessment year in question - Held, yes - Whether, therefore, assessments were validly made on assessee - Held, yes FACTS The assessee were residents in the Chotanagpur, Division of Bihar. By an Order in Council dated 3-3-1936, Chotanagpur and Santal Parganas were declared to be "partially excluded areas." On or about the 20-4-1940,a notice under section 22(2) of 1922 Act was served upon the assessees for the assessment year 1940-41 requiring them to furnish a return in the prescribed form. On the 22-4-1940, a notice under section 22(1) of 1922 Act was published in the newspapers requiring persons generally to submit the returns in the prescribed form. The Indian Finance Act of 1940 had not been extended…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492