Law:

Section:

Section 148, read with section 151 of the Income-tax Act, 1961 - Income escaping assessment - Issue of notice for - Assessment year 1964-65 - Notice Under Section 148 was issued after eight years and satisfaction of CBDT that instant case was fit case for issue of notice, was arrived at by under secretary of CBDT - Whether satisfaction arrived by under secretary was not satisfaction of Board as required under section 151(1), therefore, condition precedent for issuance of notice under section 148 being absent, notice in question could not survive and was liable to be quashed - Held, yes FACTS The petitioner had challenged the notice issued under section 148. The notice issued was dated 20-2-1991 and was in respect of the assessment year in question. HELD The proceedings being after the period of eight years, no notice under section 148 could have been issued unless the Board was satisfied that it was a fit case for the issue of such notice. The satisfaction appeared to have been arrived at by the Under Secretary of the CBDT. Such satisfaction was not the satisfaction of the CBDT as required under section 151(1). The condition precedent to the issuance of notice under section 148, therefore, being absent, the notice could not survive and was accordingly, quashed. Note: The case was decided in favour of the assessee. R.K. Murarka and Ajoy Dey for the Petitioner. A.C. Moitra and R.C. Prosad for the Respondent. JUDGMENT Mrs. Ruma Pal, J.- The petitioner has challenged a notice issued under section 148 of the…

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