Law:

Section:

Section 264, read with section 147, of the Income-tax Act, 1961 - Revision - Of other orders - Assessment years 1996-97 to 2001-02 - Whether an assessee is entitled to know basis of reopening of assessment and is free to file objections against reopening and tenability of such objections has to be adjudicated by Assessing Officer - Held, yes - Whether if assessee does not choose to file a return under section 148 but requests for adjudication on objection on reopening, even then statute does not contemplate separate contests against order upholding reopening in revision before Commissioner and appeal against revised assessment before appellate authority and, therefore, it would not be proper for Commissioner to decide revision filed against reopening on merits, unless assessee waives his right of appeal and files revision under section 264, against consequent reassessment itself - Held, yes FACTS After the assessments of the assessee for the assessment years 1996-97 to 2001-02 were completed under section 143(1) the Assessing Officer reopened assessments by issuing notice under section 148 based on information collected from the Central Excise and Sales Tax Departments pursuant to search conducted by those Departments in a group of companies controlled by the assessee. The assessee challenged the reopening by filing writ petition wherein the High Court gave freedom to the assessee to file objections to the grounds for reopening of the assessments and directed the Assessing Officer to pass a speaking order on the assessee's objections. Pursuant thereto the Assessing Officer passed an order overruling the assessee's objections filed against reopening of assessments and proceeded to complete the assessments under section 147, read with section 143(3). The assessee filed revision petition before the Commissioner who rejected the same. On writ: HELD It was conceded that the assessee had filed statutory appeals against the revised assessments completed under section 147 pursuant to reopening of assessments and confirmed by the Commissioner. It was also submitted that the validity of reopening of the original assessments was also a ground raised in the appeals filed…

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