COMMISSIONER OF INCOME TAX Vs. S P VIZ CONSTRUCTION COMPANY NO 3

JUDGEMENT

(1.) THE material facts and the proceedings leading up to this reference are, inter alia, that S. P. Viz Construction Co., Ranchi, a partnership firm registered under the Income-tax Act, 1961, which was an assessee within the meaning of the said Act, was assessed to income-tax in the assessment year 1969-70, the relevant accounting year ending on December 31, 1968.

(2.) UNDER Section 139(1) of the said Act of 1961, the assessee was required to file its return of income for the said assessment year on or before June 30, 1969, but, in fact, the return was filed by the assessee for the first time on October 30, 1970.

(3.) BEING aggrieved, the assessee filed an appeal before the Appellate Assistant Commissioner where the assessee reiterated its contentions raised earlier before the Income-tax Officer. The Appellate Assistant Commissioner rejected all the contentions of the assessee. In particular, the Appellate Assistant Commissioner held that the contention of the assessee that the assessment itself had become barred by limitation was unsustainable inasmuch as such contention was rejected in the appeal preferred by the assessee against the assessment and the said appeal was dismissed.