Y.R.Meena, J. - (1.) By this petition, the petitioner has prayed that the intimation under Section 143(1)(a) of the Income-tax Act, 1961, issued by the Assessing Officer should be quashed and no effect should be given to any order which is issued under intimation under Section 143(1)(a) of the Act.
(2.) The petitioner has filed the income-tax return on December 27, 1989, for the assessment year 1989-90 showing a loss of Rs. 28,74,24,579, Thereafter the petitioner has filed a revised return claiming a sum of Rs. 45,08,85,300 to be carried forward as loss. Before the petitioner filed the second revised return he received a notice dated May 31, 1990, under Section 143(2) of the Act on June 1, 1990, whereby respondent No. 1 required the petitioner to produce the documents and accounts on which the petitioner wanted to rely in support of the return on June 18, 1990. In pursuance of that notice, the authorised representative of the petitioner produced all the books of account and documents. In the course of hearing, respondent No. 1 required the authorised representative of the petitioner to furnish certain particulars for which he fixed the next date of hearing on September 3, 1990. The matter was adjourned time and again. But before completion of the assessment under Section 143(3) of the Act, the petitioner has received an intimation under Section 143(1)(a) of the Act along with an adjustment explanation sheet both dated March 27, 1991, relating to the assessment year 1989-90.
(3.) The grievance of the petitioner is that once the notice under Section 143(2) of the Act has been issued, the Assessing Officer has no power to issue the intimation under Section 143(1)(a) of the Act.;