Law:

Section:

Section 143 of the Income-tax Act, 1961 - Assessment - Prima facie adjustment - Whether power of issuance of intimation exercisable under section 143(1) stands on a different footing from power exercisable under section 143(2) and, therefore, self-same Assessing Officer cannot exercise power under section 143(1) simultaneously with exercise of power under section 143(2) - Held, yes FACTS The Assessing Officer issued intimation under section 143(1) and notice under section 143(2) simultaneously and on the same date. On writ petition, the assessee challenged the intimation under section 143(1). It was contended on behalf of the revenue that after the intimation was issued, the assessee took steps to have mistakes therein rectified and thereafter, filed the writ petition challenging the self-same intimation and also, suppressed the fact of having taken the steps for rectification thereof. HELD When steps are taken under section 143(1) upon issuance of the intimation, the matter stands concluded insofar as the Assessing Officer is concerned. When, however, steps are taken under section 143(2), the Assessing Officer starts his work to ensure that the assessee has not paid less tax. Section 143(3) authorizes the Assessing Officer to come to his findings by making an assessment, in order to show that he has discharged his obligation in terms of section 143(2). Therefore, the power exercisable under sub-section (1) stands on a different footing from the power exercisable under sub-section (2). It is possible that after the power has been exercised under sub-section (1), it may occur to the Assessing Officer that while issuing the intimation or while issuing the refund, certain things escaped his attention and, accordingly, he has not been able to ensure that the assessee has not underpaid tax and, accordingly, he may thereupon take steps under sub-section (2). It is, however, not possible to comprehend that the self-same Assessing Officer can exercise power under sub-section (1) simultaneously with exercise of power under sub-section (2). When steps are taken under sub-section (2), it is commonly known as regular steps to make regular assessment. The same stand…

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