Sabyasachi Mukharji, J. - (1.) This appeal by special leave is directed against the judgment and order dated 21st May, 1971 of the Division Bench of the Calcutta High Court.
(2.) This appeal raises the familiar problem whether there are grounds for reopening a completed assessment but that question arises under rather peculiar circumstances. The assessment year concerned is 1962-63. The assessee/ appellant had filed its return in November, 1962 showing an income of Rs. 2,092/- as its profit. According to the assessee/appellant, a mistake had occurred in the preparation of the return, inasmuch as the profit of Rs. 10,718.46 arising from construction works had been left out from the return. But it appears that along with the original return, a copy of the Balance-sheet and Profit and Loss Account was filed by the appellant. In the Profit and Loss Account, the profit from construction work was indicated. The Income-tax Officer made an assessment on 27th November, 1963 and it appears from the assessment order that the profit from the construction work was taken into account in making the assessment. The assessee/appellant, however, filed a revised return showing a general profit of Rs. 2,092/- as also profit from the construction work aggregating Rs. 12,797/-.
(3.) It is important in this connection to bear in mind that the return was filed by the assessee/appellant on 29th November, 1962. This was received in the receiving section of the Department and a stamp had been duly put thereon in token of the receipt. It further appears that a revised return dated 2nd August, 1963 was received, as shown in the endorsement, on 3rd December, 1963. The original assessment was made on 27th November, 1963.;