Ruma Pal, J. - (1.) Two issues are involved in this writ application, namely, (i) the status of an intimation under Section 143(1)(a) of the Income-tax Act, 1961 (referred to as "the Act"), and (ii) the scope of the power of an Assessing Officer under Sections 154 and 143(1)(a) of the Act.
(2.) The issues have arisen in the context of the following facts. The assessment year in question is 1991-92. The petitioner filed its return claiming a sum of Rs. 5,76,165 on account of loss on fluctuation of exchange. On March 31, 1992, an intimation was issued to the petitioner under Section 143(i)(a) of the Act by the Deputy Commissioner of Income-tax accepting the petitioner's return in toto without making any adjustment. According to the petitioner, the Deputy Commissioner erred in certain other respects which are not material for the purpose of this application.
(3.) On May 13, 1992, and May 3, 1993, the Deputy Commissioner issued two notices on the petitioner under Section 143(2) of the Act calling upon the petitioner to produce books of account, documents and evidence in support of its return. A notice under Section 142(1) of the Act was also issued. The petitioner complied with the notices. The Deputy Commissioner then made an assessment of the petitioner's income by, inter alia, disallowing the claim of the petitioner on account of loss on fluctuation of exchange. The assessment order is dated March 28, 1994. On April 26, 1994, the petitioner filed an appeal before the Commissioner of Income-tax (Appeals). During the pendency of the appeal on May 24, 1994, the petitioner received a notice under Section 154/155 of the Act dated April 22, 1994, by which the Deputy Commissioner informed the petitioner that he intended to rectify the order under Section 143(1)(a) of the Act. The nature of the mistake proposed to be rectified according to the notice was "incorrect allowance of exchange amount". This notice is impugned in these proceedings.;