Report No. 12

151. Reopening of assessment at the instance of the assessee.-

Where an assessee assessed under section 148 [23(4)] makes an application to the Income-tax Officer, within one month from the service of a notice of demand issued in consequence of the assessment, for cancellation of the assessment on the ground-

(i) that he was prevented by sufficient cause from making the return required by section 143 [22], or

(ii) that he did not receive the notice issued under section 146(1) [22(4)] or section 147 [23(2)], or

(iii) that he had not a reasonable opportunity to comply, or was prevented by sufficient cause from complying, with the terms of the notices referred to in clause (ii), the Income-tax 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 sections 147 and 148 [section 23].

[Section 27]