ARRAH SASARAM LIGHT RAILWAY CO LTD Vs. COMMISSIONER OF INCOME TAX
HIGH COURT OF CALCUTTA
ARRAH SASARAM LIGHT RAILWAY CO.LTD.
COMMISSIONER OF INCOME-TAX
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Ajit K. Sengupta, J. -
(1.)In this reference under Section 256(1) of the Income-tax Act, 1961, the Tribunal has referred two questions, one relating to the assessment year 1981-82 and the other relating to 1982-83.
(2.)The first question that relates to the assessment year 1981-82 is referred at the instance of the assessee and is as under :
"Whether, on the facts and in the circumstances of the case, the Tribunal ought to have held that the assessment has been made after the expiry of the period of limitation prescribed by Section 153 ?"
(3.)The facts leading to the question are as under : The return for the assessment year 1981-82 was filed on July 30, 1983. As there was a variation between the income shown in the return and the income proposed, the Income-tax Officer drew up a draft under Section 144B(1) of the Income-tax Act, 1961, on September 6, 1983. The assessee submitted its objection by a letter dated September 12, 1983. The Inspecting Assistant Commissioner communicated his directions on September 24, 1984, which were received by the Income-tax Officer on the same day. The assessment was made on September 25, 1984. The normal period within which the assessment ought to have been made expired on March 31, 1984.
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