Law:

Section:

2007] 294 ITR 341 [2008] 169 TAXMAN 240 (GUJ.) HIGH COURT OF GUJARAT Inductotherm (India) (P.) Ltd. * v. James Kurian, Assistant Commissioner of Income-tax Y.R. MEENA, CJ. AND A.S. DAVE, J. SPECIAL CIVIL APPLICATION NOS. 2353 OF 2005, 16306 OF 2006 AND CIVIL APPLICATION NO. 1777 OF 2007 FEBRUARY 28, 2007 Section 147, read with section 263, of the Income-tax Act, 1961 - Income escaping assessment - General - Assessment year 2001-02 - Whether there is no bar under provisions of Act for parallel proceedings in consequence of notice under section 148 issued by Assessing Officer and notice under section 263 issued by Commissioner; both authorities are empowered under different provisions of Act, though both have to see that income escaped in original assessment should be taxed - Held, yes FACTS For the relevant assessment year, the Assessing Officer completed the assessment of the assessee. For reopening of that assessment, notice under section 148 was issued by the Assessing Officer to the assessee and notice under section 263 was issued by the Commissioner for revision of that assessment order. While admitting application relating to the challenge of notice under section 263, the Court stayed the proceedings under section 263 for revision of the assessment order. Thereafter the Assessing Officer sought to reopen assessment in pursuance of notice under section 148. The assessee filed writ petition against said reopening, contending that when proceeding under section 263 for revision of the assessment order was pending, the Assessing Officer had no jurisdiction to reopen the same assessment order on the same grounds for which the notice under section 263 had been issued. The assessee prayed to quash and set aside the notice issued under section 263 and the notice issued under section 148. HELD Admittedly, there is no bar under the provisions of the Act for parallel proceedings in consequence of notice issued under section 148 and notice issued under section 263. After issuance of notice under section 148, the Assessing Officer himself can pass a fresh assessment order and under section 263, if the original assessment order of the Assessing Officer is erroneous and…

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