Law:

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Section 147 of the Income-tax Act, 1961 - Income escaping assessment - General - Assessment year 1992-93 - Where in appeal preferred by petitioner against order made in block assessment proceedings, Commissioner (Appeals) set aside addition on merits after recording a finding to effect that order of Assessing Officer on point of bogus purchases was fallacious, reassessment notice on ground that purchases were bogus was not permissible [In favour of assessee] In the appeal preferred by the petitioner against the order made in the block assessment proceedings the Commissioner (Appeals) set aside the addition on the merits after recording a finding to the effect that the order of the Assessing Officer on the point of bogus purchases was fallacious. Later the assessment was sought to be reopened on the ground that the total purchases debited to the trading account were bogus and non-existent, which was established by the document found at the time of search and the statements recorded at the time of search. Held that when in respect of the same purchases, the Tribunal had already set aside the addition, it was now not permissible for the Assessing Officer to reopen the assessment in respect of the very same items. S.N. Soparkar and Ms. Bhumi Thakore for the Petitioner. Ms. Mauna M. Bhatt for the Respondent. JUDGMENT Ms. Harsha Devani, J. - By this petition under article 226 of the Constitution of India, the petitioner has challenged notice dated May 28, 2001, issued by the respondent under section 148 of the Income-tax Act, 1961, ("the Act) reopening the assessment for the assessment year 1992-93. 2. The petitioner, a registered partnership firm, filed its return of income on October 23, 1992, for the assessment year 1992-93, declaring total income of Rs. 1,44,943. The case was taken up for scrutiny and assessment came to be framed under section 143(3) of the Act at an income of Rs.1,57,650. Thereafter, by the impugned notice, the assessment for the assessment year 1992-93 has been reopened. Being aggrieved, the petitioner has filed the present petition challenging the notice under section 148 of the Act. 3. In response to the petition, the respondent has filed an…

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