Law: Income Tax Act, 1961

Section: 146,148,271(1)(a)

Income-tax----Assessment---Tribunal allowing petition of assessee under S.146 filed before I.T.O.---Justified---Reassessment---Tribunal holding notice under S.148 not valid--- Justified--- Tribunal cancelling imposition of penalty under S.271(1)(a)--- Justified--- Indian Income Tax Act, 1961 Ss. 146, 148 & 271(1)(a). For the assessment year 1962-63 proceedings under section 148 of the Income Tax Act, 1961, were initiated and reassessment order was passed and penalty imposed. The Tribunal held that there was no valid notice under section 148 served on the assessee and the condition precedent for issuing notice under section 142(1) of the Act was lacking. On a reference: Held, that the Tribunal was justified in law in allowing the application of the assessee filed before the Income-tax Officer under section 146 and in holding that the assessee was prevented by sufficient cause from complying with the terms of notice under section 148 and the notice under section 148 of the Act was not valid. The cancellation of penalty under section 271(1)(a) was justified. CIT (Addl.) v. Prem Kumar Rastogi (1980)124 ITR 381 (All.) ref. JUDGMENT This is an income-tax reference under section 256 of the Income Tax Act, 1961, in which the following three questions have been referred for our opinion: "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in allowing the applications of the assessee filed by it before the Income-tax Officer under section 146 of the Income Tax Act, 1961? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the assessee was prevented by sufficient cause in not complying with the terms of notice under section…

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