Law:

Section:

Section 148 of the Income-tax Act, 1961 - Income escaping assessment - Issue of notice for - Assessment year 1981-82 - Assessee moved an application for addition of grounds in grounds of appeal before Tribunal - Ground was that since reasons were not recorded before issuing notice, requirement of section 148(2) was not complied with and, therefore, proceedings were invalid and void ab initio - Whether even if a plea, relating to lack of jurisdiction of officer on ground that no reason was recorded before issue of notice under section 148(2), is not raised at first instance before assessing authority, it can be raised before appellate authority at a later stage and, therefore, Tribunal had erred in not allowing additional grounds challenging validity of assessment order on basis of illegal initiation of proceedings under section 148 - Held, yes Section 139(8) of the Income-tax Act, 1961 - Return of income - Interest for late filing of - Assessment year 1981-82 - ITO after issuing notice under section 148 completed assessment on 19-4-1986 and charged interest under sections 139(8) and 217 - Assessee's case was that assessment having been made under section 148 though for first time, and being related to the assessment year 1981-82, interest would not have been charged as said sections were amended for inclusion of assessments made for first time under section 148 only with effect from 1-4-1985 - Tribunal held that amendment in said sections would be applicable to assessment of earlier years completed after 1-4-1985 and upheld charging of interest - Whether order of Tribunal was to be sustained - Held, yes FACTS Pursuant to a notice under section 148, the assessee filed a return declaring the total income as nil. The ITO completed the assessment on 19-4-1986 on certain income and charged interest under sections 139(8) and 217. On appeal, the AAC allowed the appeal partly. On further appeal, the assessee moved an application before the Tribunal for the addition of grounds in the grounds of appeal. The grounds were (1) since reasons were not recorded before issuing notice, requirement under section 148(2) was not complied with and, therefore, the proceedings were…

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