Law: Income Tax Act, 1961

Section: 147,148,149

Section 148 , read with sections 147 and 149, of the Income-tax Act, 1961 - Income escaping assessment - Notice for (Validity of notice) - Assessment year 2007-08 - Assessing Officer, Ward 39(1) completed assessment of assessee for assessment year 2007-08 under section 143(3) on 13-4-2009 - Later on 14-3-2014, Assessing Officer, Ward 39(2) issued on assessee a notice under section 148 seeking to reopen assessment for above assessment year - Subsequently Assessing Officer, Ward 39(1), realising error, issued on assessee a notice dated 23-6-2014 under section 148 - Whether it was only Assessing Officer, who had passed original assessment order, was empowered to exercise powers under section 147/148 to reopen that assessment - Held, yes - Whether since Assessing Officer, Ward 39(2) was not Assessing Officer of assessee, that fact in itself vitiated reopening of assessment - Held, yes - Whether even if subsequent notice dated 23-6-2014 under section 148 was issued by Assessing Officer of assessee, it was beyond deadline of 31-3-2014 under section 149(1)(b) - Held, yes [Paras 15 and 16] [In favour of assessee] FACTS â–  In relation to the assessment year 2007-08, the Assessing Officer, Ward 39(1) completed the assessment of the assessee under section 143(3) on 13-4-2009. â–  Later on 14-3-2014, the Assessing Officer, Ward 39(2) issued on the assessee a notice under section 148 seeking to reopen the assessment for the above assessment year. â–  However, the assessee objected the above notice pointing out that the Assessing Officer, Ward 39(2) did not have any jurisdiction over a case which was completed by the Assessing Officer, Ward 39(1). â–  Thereupon the Assessing Officer, Ward 39(1) issued on the assessee a notice dated 23-6-2014 under section 148. â–  Later on 28-1-2015, the Deputy Commissioner passed an order rejecting the objections filed by the assessee to the reopening of the assessment. â–  On writ: HELD Provisions of section 147 â–  In terms of the provisions of section 147, the limitation for reopening the assessment expired on 31-3-2012. The extended period of limitation in terms of section 149(1)(b) expired on…

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