TRAVANCORE ELECTRO CHEMICAL INDUSTRIES LTD Vs. INCOME TAX OFFICER
LAWS(IT)-1989-4-6
INCOME TAX APPELLATE TRIBUNAL
Decided on April 26,1989

Appellant
VERSUS
Respondents

JUDGEMENT

Anoop Sharma, Judicial Member - (1.)IN this appeal filed by the assessee for the assessment year 1976-77, the primary challenge is that the reassessment order dated 20-9-1982 made under Section 147(b) of the INcome-tax Act, 1961 (hereinafter referred to as 'the Act'), confirmed by the Commissioner of INcome-tax (Appeals) is invalid and opposed to the provisions of law.
(2.)The assessee is a company and is a manufacturer of calcium carbide. The original assessment was completed on 12-9-1979 under Section 143(3) of the Act. By a notice dated 23-3-1981, under Section 148, the Income-tax Officer reopened this assessment on the ground that he had reason to believe that income chargeable to tax had escaped assessment within the meaning of Section 147 of the Act. He accordingly in pursuance of the said notice, initiated the reassessment proceedings and passed the impugned assessment order under Section 143(3) read with Section 147(b) of the Act.
On appeal, the Commissioner of Income-tax (Appeals) upheld the passing of the reassessment order on the ground that the reopening of the assessment under Section 147(b) of the Act was justified in view of the Tribunal's order dated 24-2-1981 for the assessment year 1975-76 in the assesse's very own case, wherein the disallowability of the extra shift allowance on electrical items of machinery had been upheld by the Tribunal and therefore this constituted "information" within the meaning of Section 147(b) and accordingly the reassessment under Section 147(b) was justified.

(3.)THE present appeal is directed against this order. THE learned Departmental Representative in pursuance to the direction given by the Bench of the Tribunal produced before us at the time of hearing the records of the case in original and also the file containing copy of the reasons recorded by the Income-tax Officer for reopening the assessment. Photostat copies of the notice under Section 148 dated 23-3-1981 and of the reasons recorded for reopening the assessment were given to us as well as to the counsel for the assessee.


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