BHAGYA WANTI DEVI Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal has referred the following question of law arising out of its order dated December 15, 1982, and February 24, 1983, in respect of the assessment year 1974-75 under Section 256(1) of the Income-tax Act, 1961 :

(2.) THE brief facts of the case are that the assessee has not filed any return in respect of its income under Section 139(1) or Section 139(4) of the Income-tax Act 1961 (hereinafter called as "the Act"), and no notice was issued under Section 139(2) to the assessee. Subsequently, the Income-tax Officer issued a notice under Section 148 of the Act which was served on the assessee on January 5, 1977. In pursuance of the said notice, the return was required to be filed on or before February 7, 1977, but no return was filed till the last date. However, it was filed on February 14, 1977. THE contention of the assessee was that the return should be deemed to have been filed under Section 139(4) of the Act and, therefore, the period of limitation as prescribed under Section 153(1)(c) is applicable. THE Appellate Assistant Commissioner found that there is no positive material on record to show that the Income-tax Officer had recorded his satisfaction and, in the absence of the express satisfaction of the Income-tax Officer, the initiation of proceedings under Section 147 were held to be without jurisdiction. THE proceedings in the present case were initiated on the basis of wealth-tax assessment proceedings for the assessment year 1974-75 of the assessee.