Law:

Section:

Section 144B, read with sections 129 and 153 of the Income-tax Act, 1961 - Draft assessment order - Reference to IAC - Assessment year 1971-72 - An assessment was completed on 30-3-1976 under section 144 which was reopened under section 146 - Fresh assessment made on 30-4-1976 was set aside by AAC with a direction to make fresh assessment after hearing assessee - ITO made a draft assessment order under section 144B - On 1-7-1980, IAC intimated assessee that there was change in ITO and asked whether he desired to be reheard - Assessee requested for re-hearing - However, assessee did not appear for re-hearing and IAC issued a direction to ITO to complete assessment - ITO completed assessment on 25-9-1980 - Whether provisions of section 144B were applicable to proceedings in question - Held, yes - Whether, on facts, assessment completed on 25-9-1980 was not barred by limitation - Held, yes - Whether since provisions of section 129 had been complied with, impugned assessment was valid - Held, yes FACTS For the assessment year 1971-72, an assessment was made under section 144 on the assessee as a best assessment. On an application under section 146, the assessment was reopened. Against the fresh assessment made on 30-4-1976 an appeal was filed before the AAC who set aside the assessment by his order dated 16-4-1977, with a direction to make a fresh assessment after considering the various objections raised by the assessee. The said assessment was made on the basis of the directions issued by the IAC after a draft order under section 144B was made. On appeal by the ITO, the Tribunal upheld the order of the AAC setting aside the assessment. Thereafter, the ITO initiated proceedings for fresh assessment in accordance with directions of the AAC. A draft assessment order was issued under section 144B on 1-7-1980, the IAC intimated the applicant that there was a change in the incumbent of the office of the ITO and asked the assessee as to whether he desired to be re-heard. The assessee requested for re-hearing. After the aforesaid proceeding, no further draft order under section 144B was issued. But the IAC posted the hearing of the objection of the applicant against the…

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