Law: Income Tax Act, 1922

Section: 34,36

Law: Income Tax Act, 1961

Section: 147,148,149,34

(a) Income-tax Act (XI of 1922)----Ss. 34 & 36--Income-tax Act, 1961, Ss. 147, 148 & 149- Re-assessment--Notice served upon assessee beyond prescribed period of four years--Notice, held, without jurisdiction, void and ineffective-­Notice quashed and set aside--Words "served" and "issued" in Ss.148 & 149 of Income-tax Act, 1961, used in same meaning--Assumption of jurisdiction by Income-tax Officer of reassessing an assessee was subject to provisions contained in Ss.148 to 153 of Income-tax Act, 1961--Such jurisdiction could not 'be assumed without issuance of a notice within prescribed period and service thereof on assessee concerned--Scheme of power of reassessment divided in S.147 onwards of 1961 Act was originally comprehended within provisions contained in S.34 of Income-tax Act, 1922--This division of provisions contained in S.34 of Income-tax Act, 1922 into S.147 onwards of Income-tax Act, 1961 did not in any way materially alter position which could justify Court in accepting interpretation that different stages had been prescribed by legislature before assumption of jurisdiction. Banarsi Debi v. Income-tax Officer, District I.V, Calcutta (1964) 53 I T R 100 (SC); Commissioner of Income-tax v. D.V. Ghurye (1957) 31 I T R 683 (Bom.); Sri Niwas v. Income-tax Officer (1956) 30 I T R 381 (All.) and Induprasad Devshanker Bhatti v. J.P. Jani, Income-tax Officer, Circle IV, Ward-Ahmedabad (1965)- 58 I T R 559 (Guj.) (b) Interpretation of statutes-- --- Marginal notes of sections--Not decisive--They give an idea about intention of legislature. (c) Words and phrases-- --Words "Service of notice" or "issuance of notice", held, had o fixed connotation but were interchangeable. Banarsi Debi's case (1964) 53 I T R 100 (SC)rel. JUDGMENT B.K. MEHTA, J.--1. In this petition the petitioner has challenged the notice issued by the respondent on March 31, 1970, for purposes of reassessment under section 147 of the Income-tax Act, 1961, for the assessment year 1965-66. The challenge has arisen in the following circumstances: 2. The petitioner was assessed to income tax as an individual for the assessment year 1965-66 and his assessment order was made in respect…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492