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1994 Supreme(Cal) 307

RUMA PAL
COATES OF INDIA LTD. – Appellant
Versus
DEPUTY COMMISSIONER OF INCOME-TAX – Respondent


Advocates Appeared:
N.SHOME, P.K.MALICK, P.K.PAL, R.N.DUTTA

RUMA PAL, J.

( 1 ) TWO issues are involved in this writ application, namely, (i) the status of an intimation under Section 143 (1) (a) of the Income-tax Act, 1961 (referred to as "the Act"), and (ii) the scope of the power of an Assessing Officer under Sections 154 and 143 (1) (a) of the Act.

( 2 ) THE issues have arisen in the context of the following facts. The assessment year in question is 1991-92. The petitioner filed its return claiming a sum of Rs. 5,76,165 on account of loss on fluctuation of exchange. On March 31, 1992, an intimation was issued to the petitioner under Section 143 (i) (a) of the Act by the Deputy Commissioner of Income-tax accepting the petitioner's return in toto without making any adjustment. According to the petitioner, the Deputy Commissioner erred in certain other respects which are not material for the purpose of this application.

( 3 ) ON May 13, 1992, and May 3, 1993, the Deputy Commissioner issued two notices on the petitioner under Section 143 (2) of the Act calling upon the petitioner to produce books of account, documents and evidence in support of its return. A notice under Section 142 (1) of the Act was also issued. The petitioner complied

















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