ONKARLAL KACHORIA Vs. ITO

JUDGEMENT

(1.) This is an appeal by the assessee against the order of Commissioner (Appeals), Udaipur, for assessment year 1994-95. The appellant agitated on the ground that the assessing officer erred in passing the assessment order on the basis of non est return of income filed on 17-2-1997, which ought to have been annulled by Commissioner (Appeals). The Commissioner (Appeals) grossly erred in holding that the assessment completed on the basis of said return of income was valid.

(2.) The brief facts of the case are that the due date for filing the return was on 31-8-1994. The return can be filed under section 139(4) on 31-3-1996. Notice under section 142(l)(i) was issued on 9-3-1995, and the return was filed on 17-2-1997. The assessment was completed on 31-3-1997. In this case no return of income by 31-8-1994, was filed and thereafter by 31-3-1996, the return was filed.

(3.) The Income Tax Officer, Ward-1, Udaipur, issued notice under section 142(l)(i) of the Act dated 9-3-1995, calling for return of income to be filed on or before 31-3-1995, but the notice was served on 21-3-1995.