COMMISSIONER OF INCOME TAX Vs. DHANPATRAM CHHOTELAL

JUDGEMENT

(1.) A statement of the case has been submitted by the Income-tax Appellate Tribunal, Patna Bench " A", Patna, under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), under the direction of this court referring the following question for opinion of this court:

(2.) THE relevant facts of the case can be culled out from the statement of the case. For the assessment year 1966-67, the assessee had filed a return on September 26, 1966, claiming the status of a registered firm. According to the claim of the assessee, there was a partial partition in the erstwhile Hindu undivided family (hereinafter referred to as "the HUF") and some of the members had entered into a partnership for carrying on this business. This claim of partition had not been accepted by the Income-tax Officer but- the Appellate Assistant Commissioner accepted the claim of partition. THE Appellate Assistant Commissioner also directed that the assessment should be made afresh in the correct status. This appellate order was passed on December 31/1971, and the Income-tax Officer made the assessment on February 14, 1972, in the status of a registered firm. THE order of the Income-tax Officer has been annexed and marked as annexure A forming part of the statement of the case.

(3.) SECTION 153(1)(a)(i) of the Act lays down that no order of assessment shall be made under SECTION 143 at any time after the expiry of four years from the end of the assessment year in which the income was first assessable, where such assessment year is an assessment year commencing on or before the 1st day of April, 1967. The assessment involved in the present" case before me is the assessment year 1966-67, and thus in this case, the assessment had to be completed within four years from the end of the assessment year. Thus, the assessment should be completed for the assessment year 1966-67 by March 31, 1971, in the ordinary course.