2001 TAX. L. R. 152 ::(2000) 164 CurTaxRep 605 ::(2000) 246 ITR 125 ::(2001) 114 Taxman 509 ::(2001) 161 Taxation 75

Jammu And Kashmir High Court

Hon'ble Judge(s): Dr B P Saraf , C.J. AND N. A. Kakru , J

Assessment , — Tax payable determined by I.-T.O. himself on Form ITNS 150 attached with assessment order and not in assessment order itself - Assessment order not vitiated on that ground. Income-tax Act (43 of 1961) , S.143(3)— Where the tax payable is determined by the Income-tax Officer himself on Form ITNS 150 simultaneously with the determination of income but not in the assessment order itself, the assessment will not be vitiated on the ground that the calculation of tax payable is not done in the assessment order itself. (Para 8 9 10) Section 143(3) of the Income-tax Act (43 of 1961) does not require that both the computations i.e. of the total income as well as of the sum payable, should be done on the same sheet of paper, which is superscribed as 'assessment order.' It does not prescribe any form for that purpose. If the Income-tax Officer first draws up an order assessing the total income and indicating the adjustments to be made, directs the office to compute the tax payable on that basis and then approves of it, either immediately or some time later, no fault can be found with the process, though it is only when both the computation sheets are signed or initialled by the Income-tax Officer that the process described in S. 143(3....