Income-tax Act,1961
Act No : 43
Section :
Reopening of assessment at the instance of the assessee.
1[146. Reopening of assessment at the instance of the assessee.- Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4- 1989.] ----------------------------------------------------------------------- 1 Prior to the omission, section 146, as amended by the Finance Act, 1963, w.e.f. 28-4-1963; Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976; Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984 and the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988, read as under: "146. Reopening of assessment at the instance of the assessee.- (1) Where an assessee assessed under section 144 before the 1st day of October, 1984 makes an application to the Assessing Officer, within one month from the date of service of a notice of demand issued in consequence of the assessment, for the cancellation of the assessment on the ground- (i) that he was prevented by sufficient cause from making the return required under sub-section (2) of section 139, or (ii) that he did not receive the notice issued under sub- section (1) of section 142 or sub-section (2) of section 143, or (iii) that he had not a reasonable opportunity to comply, or was prevented by sufficient cause from complying, with. the terms of any notice referred to in clause (ii), the Assessing Officer shall, if satisfied about the existence of such ground, cancel the assessment and proceed to make a fresh assessment in accordance with the provisions of section 143 or section 144. (2) Every application made under sub-section (1) shall be disposed of within -> -> ------------------------------------------------------------------------ 1.547
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