COMMISSIONER OF INCOME-TAX Vs. PRAKASH NATH

JUDGEMENT

(1.) I .T.A. No. 12 of 1999 pertains to the assessment year 1984 -85; I.T.A. No. 9 of 1999 pertains to the assessment year 1985 -86; I.T.A. No. 14 of 1999 pertains to the assessment year 1986 -87 and I.T.A. No. 8 of 1999 pertains to the assessment year 1987 -88 of the same assessee.

(2.) ALL the appeals arise out of a common order dated April 12,1999, passed by the Income -tax Appellate Tribunal, Chandigarh Bench, Chandigarh, in I.T.A. Nos. 2138 to 2141/Chandi/91 and as such are being disposed of by a common judgment.

(3.) THE assessee Shri Prakash Nath, partner derived his share from the firm M/s. Kailash Nath and Associates, New Delhi. His assessment under Section 143(1) of the Income -tax Act, 1961 (hereinafter referred to as 'the Act'), was provisionally completed on March 28, 1988, on the income assessed at Rs. 80,360. The assessment being provisional it was subjected to rectification under Section 154/155 of the Act. On March 28, 1988, the respondent was issued show -cause notice indicating that the assessment order required to be amended under the provisions of Section 154/155 of the Act which would have the effect of 'enhancing the assessment/reducing the refund/increasing the liability'. Opportunity to present and plead the case was adequately afforded to the assessee.