Law: Income Tax Act, 1961

Section: 127

Income-tax-----Assessment---Production of books of account and documents ---Notice--¬Limitation---Return for assessment year 1990-91 furnished on 31-3-1992--¬Limitation of 12 months for issue of notice under S.143(2) to expire on 31-3-1993---Notice issued on 27-10-1992 under S.143(2) for the assessment year 1990-91 not barred by limitation---Notice issued on 13-11-1992 under S.142(1) for production of books relating to previous years relevant to assessment years 1988-89 and 1989-90 in enquiry relating to assessment year 1990-91 well within jurisdiction of Income-tax Officer---Indian Income Tax Act, 1961, Ss.142(1) & 143(2), proviso [as amended by Finance (No .2) Act, 1991, with effect from 1-10-1991]. For the assessment year ]990-91; the-petitioner-firm filed its return on March 31 , 1992, showing a total income of Rs. ] ,16,770 and tax liability of Rs.16,465 .which had been paid as advance tax and self-assessment tax. The Assessing Officer sent an intimation, dated August 20, 1992, to the petitioner under section 143(1)(a) of the Income Tax Act, ]961, demanding of further amount of Rs.1,361. Thereafter, by the notice, dated October 27, 1992, the Assessing Officer required the petitioner to attend his office on November 13, 1992, either in person or by a representative and to produce the books of account, documents and any other evidence on which the petitioner relied in support of the return. On November 13, 1992, the assessee submitted an adjournment petition. The Income-tax Officer issued a letter, dated November 13, 1992, to the petitioner giving it another opportunity of being heard on December 2, 1992. Alongwith the said letter, the Assessing Officer also issued a notice to the petitioner to produce various books of account and other documents relating to the previous years relevant to the assessment years 1988-89, 1989-90 and 1990-91. On a writ petition, the petitioner challenged the notices, dated October 27, 1992, and November 13, 1992, and contended that the proviso to section 143(2) of the Income Tax Act, 1961, as it stood prior to its amendment with effect from October 1, 1991, fixed the time limit of six months from the end of the month in…

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