Law: Income Tax Act, 1922

Section: 148,163,172

(a) Income Tax----Non-Resident---Occasional shipping business---Representative assessee---Reassessment---Scope of S.172---Difference between agent of master of ship and agent of non-resident principal---Effect of amendment of S.172 with effect from 1-6-1975---Return filed and assessment under S.172 in assessment year 1974-75---Assessment subsequently reopened under 5.147---Return filed under S.172 was as an agent of master of ship and not non-resident principal---Absence of notice under S.163 to treat assessee as an agent of non-resident principal before issuing notice under S.147 Notice under S.147 invalid---Indian Income Tax Act, 1961, Ss. 148,163 & 172. (b) Income-tax--- ----Reassessment---Limitation---Representative assessee---Agent of non­ resident---Income earned in year 1974-75 assessed under S.172 in that year itself---Reassessment proceedings without treating assessee as agent of non-resident principal under S.163---Notice issued in January, 1978, was barred by limitation---Indian Income Tax Act, 1961, Ss. 148, 163 & 172. The scheme of section 172 of the Income Tax Act, 1961, as a whole indicates that the provisions of section 172 of the Act would apply notwithstanding any other provisions of the Act and it has an overriding effect over other provisions of the Act. The master of the ship is empowered to file the return before. the ship leaves India, and if it is not possible for the master to file the return, it is open to the master to make satisfactory arrangements for the filing of the return or for the payment of tax on behalf of the master. Section 172 of the Act makes a difference between the agent of a non-resident and the agent of the master. Under the provisions of section 172 of the Act, it is open for the Income-tax Officer to make an accelerated assessment and complete the assessment during the course of the previous year itself. The provisions of subsection (1) of section 172 of the Act prior to amendment with effect from June 1, 1975, stood as under: `The provisions of this section shall, notwithstanding anything contained in the other provisions of this Act, apply for the purpose of the levy and recovery of tax in the case of any…

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