COMMISSIONER OF INCOME TAX Vs. COLLECTOR NISHAN SINGH

JUDGEMENT

(1.) AT the instance of the Commissioner of Income-tax, Patiala, the following question of law has been referred to this court for its opinion by the Income-tax Appellate Tribunal, Chandigarh Bench, Chandigarh (for short "the Tribunal") :

(2.) THE assessee filed a return under Section 139(4) of the Income-tax Act, 1961 (for short "the Act"), on September 8, 1975, for the assessment year 1974-75. A revised return was filed by him on March 31, 1977. THE Income-tax Officer framed a best judgment assessment under Section 144 of the Act on March 14, 1978, on the basis of the return filed on March 31, 1977, by treating it as a revised return under Section 139(5) of the Act. On an application made by the assessee, the assessment under Section 144 of the Act made on March 14, 1978, was cancelled by the Income-tax Officer on March 20, 1978. THEreafter, the Income-tax Officer continued the assessment proceedings which culminated in the assessment order made under Section 143(3) of the Act on January 28, 1983.

(3.) MR. R. P. Sawhney, learned counsel for the Revenue, very fairly conceded that the reference made by the Tribunal in the case of Jyoti Dhillon has since been decided by this court against the Revenue vide order dated April 24, 1997, in CIT v. Smt. Jyoti Dhillon [1998] 231 ITR 102. Respectfully following the decision in Smt. Jyoti Dhiilon's case [1998] 231 ITR 102 (P & H), the question referred to us is answered in the negative, i.e., against the Revenue and in favour of the assessee.