Hari Swarup, J. - (1.) THIS reference has been made by the Income-tax Appellate Tribunal at the instance of the assessee, the Dhampur Sugar Mills Ltd.
(2.) A return of income was filed by the assessee, a company incorporated under the Indian Companies Act, in Form A under Rule 19 on June 20, 1961, showing a loss of Rs. 3,94,196. This return was not accompanied by the balance-sheet and the profit and loss account as the same were not ready. Later on, on August 26, 1962, the profit and loss accounts and the balance-sheet were submitted. Thereafter, the assessee filed a revised return on October 30, 1962. Although it was also in Form A under Rule 19 of the old Act, the return was complete otherwise. The Income-tax Officer had issued a notice under Section 22(2) of the Indian Income-tax Act, 1922, and the first return was filed in compliance thereof. After the revised return was filed by the assessee the Income-tax Officer issued a notice to the assessee under Section 143(2) of the Income-tax Act, 1961, and finally completed the assessment under Section 143(3) of the Act, The assessee, feeling aggrieved, filed an appeal against the assessment and, inter alia, took the ground that assessment could not legally be made under Section 143(3) of the 1961 Act as the original return had been filed before 1st April, 1962, under the provisions of the 1922 Act. The Appellate Assistant Commissioner accepted the assessee's contention and cancelled the assessment order on the ground that it could not be made under the new Act as the return had been filed originally before the enforcement of that Act. The Commissioner of Income-tax filed an appeal against the order of the Appellate Assistant Commissioner before the Income-tax Appellate Tribunal and the Tribunal allowed the appeal holding that the assessment order could be validly made under Section 143(3) of the 1961 Act. The assessee applied for referring to this court for its opinion four questions of law. The Tribunal, however, has referred only one question of law which is as follows: " Whether, on the facts and circumstances of the case, the assessment was validly made under Section 143(3) of the Income-tax Act, 1961 ?" The Tribunal negatived the contention of the revenue that the assessment could be deemed to have been made under Section 22(3) of the 1922 Act on the ground that no proceedings under Section 23(3) of the said Act were taken and the notice was specifically issued under Section 143(3)(ii) of the 1961 Act by the Income-tax Officer before completing the assessment and that the assessment had been in fact completed by him under that section.
(3.) LEARNED counsel for the department contended that the question referred by the Tribunal should be refrained in the following terms : " Whether, on the facts and in the circumstances of the case, the assessment for the assessment year 1961-62, which purports to have been made under Section 143(3) of the 1961 Act is valid?" I do not think that the reframing of the question is either necessary or will more correctly represent the controversy between the parties before the Tribunal. I accordingly deal with the question as it is.;