AGGARWAL MILLS Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE assessee-firm consists of four partners. THE assessment year commenced on April 1, 1970. THE financial year is the previous year. THE assessee maintained accounts on mercantile basis. As the assessee failed to file a return in compliance with a notice under s. 139(2) of the I.T. Act (hereinafter called "the Act"), best judgment assessment was completed by the ITO on November 28, 1972, at a total income of Rs. 2,00,000. On appeal, the AAC reduced the said income to Rs. 1,40,000. THE assessees contention before the Tribunal was that the ITO completed the assessment in an arbitrary manner without any data whatsoever. THE Tribunal found that the assessment order that a notice under s. 212(3A) of the Act had been served on the assessee, asking him to pay advance tax at an income of Rs. 75,000. THE Tribunal accordingly reduced the best judgment assessment from Rs. 1,40,000 to Rs. 75,000.

(2.) THE assessee approached the Tribunal with the request that the following questions, which according to it, are questions of law, be referred to this court for opinion :

(3.) WITH respect to question No. 4, the learned counsel for the assessee-firm could not point out anything to show that no notice was issued to the assessee-firm on November 28, 1972, when the assessment was framed by the ITO. In fact, no argument was addressed regarding this question.