Law:

Section:

Section 143 of the Income-tax Act, 1961 - Assessment - Order of - Assessment was completed as per assessment order and tax was duly determined on reverse side of notice of demand issued under section 156 - Both were signed by ITO simultaneously - Whether there is no statutory requirement that both computations, that is, of total income as well as tax payable, should be done on same sheet of paper, that is, assessment order, no fault can be found with process if tax payable is computed on a different sheet of paper and ITO approves of it, either immediately or sometime later - Held, yes - Whether, in view of aforesaid, it could be concluded that statutory provision had been duly complied with and assessment order was not in any manner vitiated - Held, yes - (However, Department should adopt practice of incorporating tax calculations in assessment order itself, or make ITNS 150 an annexure to form part of assessment order) FACTS For the assessment years 1981-82, the ITO passed an assessment order in which he computed assessee's total income at Rs. 1,89,320. Then he added "Assessed as above. The assessee paid Rs. 1,12,410 under section 210 and Rs. 26,000 against T.D.S. Allow credit for T.D.S. of Rs. 768 issue D.N. and Challan". This was followed by the demand notice under section 156 for payment of Rs. 1,01,303 details of which were given on its reverse. The position for the assessment year 1982-83 was similar. After making necessary adjustments there was nil demand. Both assessment orders and demand notices were dated 30-8-1983 and were signed by ITO. Assessee's case was that the "assessment order" itself should contain the calculations of tax, interest, etc. and the net sum payable/refundable which could not be relegated to demand notice. He, therefore, contended that the assessment orders should be held to be void and of no effect and, consequently, annulled. This contention was not accepted by the Commissioner (Appeals) and the Tribunal. The assessee's application under section 256(1) and (2) were also dismissed. On special leave petition against the High Court's order declining to call for a reference : HELD "Assessment" is one integrated process involving…

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