Law:

Section:

Section 148, read with sections 147 and 281B, of the Income-tax Act, 1961 - Income escaping assessment - Notice for - Assessment year 2000-01 - Assessee filed his return of income - Deputy Commissioner subsequently re-opened assessment of assessee by issuing notice under section 148 and during pendency of said proceedings Deputy Commissioner initiated proceedings of provisional attachment under section 281B - Thereafter, assessee filed his objection against re-opening of assessment - Deputy Commissioner did not consider same and proceeded further to levy penalty under section 271(1)(c) - Whether non-consideration of objection by Deputy Commissioner vitiated entire proceedings and, therefore, notice issued under section 148 as well as consequential proceeding of provisional attachment initiated under section 281B was to be quashed - Held, yes FACTS The assessee filed his return of income for the assessment year 2000-01. Subsequently, the Deputy Commissioner issued notice under section 148 on 18-11-2004 for reassessing the income of the assessee on the ground that he had reason to believe that the income of the assessee had escaped assessment. Subsequently, during the pendency of the reassessment proceedings the Deputy Commissioner initiated proceedings of provisional attachment dated 25-11-2005 under section 281B. Immediately thereafter, the assessee by his letter dated 29-11-2004 requested the Deputy Commissioner to furnish respective copies of the recorded reasons for reopening of the assessment under sections 147 and 148. On receipt of the said letter, the Deputy Commissioner furnished the reasons for re-opening the assessment under section 147. In response to the reasons furnished by the Deputy Commissioner for re-opening the assessment, the assessee submitted his objections and additional objections. After the receipt of the said additional objections, the Deputy Commissioner by his proceedings furnished the calculation of demand for provisional attachment issued in the proceedings dated 25-11-2004 initiated under section 281B and also gave opportunity to the assessee to submit his objections against the proposed re-opening of the assessment under section…

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