COMMISSIONER OF INCOME TAX Vs. VYJAYANTHIMALA BALI

JUDGEMENT

(1.) THIS reference had reached earlier before us on September 3, 1984. On that day, we suggested to the learned counsel for the Commissioner that additional material was required to be tendered, and in pursuance of our suggestion, a compilation has been tendered to us which has been taken on record by consent.

(2.) IN this reference as many as six questions stand referred to us by the Income -tax Appellate Tribunal, namely : '(1) Whether, on the facts and in the circumstances of the case, the decision of the Appellate Assistant Commissioner regarding the proper construction of section 280U of the Income -tax,Act, 1961,was 'information' within the meaning of the term as used in section 147(b) of the said Act ? (2) Whether, on the facts and in circumstances of the case,the Income -tax Officer validity initiated and completed reassessment under section 147(b) of the Income -tax Act, 1961 ? (3) Whether law prescribes any period of limitation for making additional deposit under section 280U of the Income -tax Act, 1961 ? (4) Whether, on the facts and in circumstances of the case, the assessee validity made the additional deposit and was entitled to the deduction in regard thereto ? (5) If so, whether the additional deposit could be said to have been made within time ? (6) Whether, in any event, the additional deposit of Rs. 25,000 can be said to have been validity made ?'

(3.) ON August 31, 1968, the ITO made a regular assessment of the assessee for the year under question on a total income of Rs. 2,61,459. This consisted of property income of Rs. 11,718 and professional income of Rs. 2,49,741. The annuity deposit (both compulsory and optional) was calculated by the ITO at Rs. 95,120. He deducted the said amount from the assessee's professional income and computed the tax payable by her at Rs. 19,490. On December 5, 1968, the ITO issued a notice demanding the balance amount of annuity deposit, namely, Rs. 57,620, and this was sent along with the demand notice for the payment of tax as determined by the ITO. We are informed that the assessee immediately paid the balance amount of annuity deposit.