2002 (2) TMI 99 - HC - Income Tax

Summary

Issues involved:
Assailment of notice under section 148 of the Income-tax Act, 1961 for excessive deductions claimed under section 80HHC in the return.

Analysis:
The petitioner, an assessee, filed a return for the assessment year 1992-93 claiming various deductions, including under sections 80L, 80CCB, 80CCA, 80HHC, and 80D. The Assessing Officer made prima facie adjustments under section 143(1)(a) regarding the deduction claimed under section 80HHC. The petitioner, aggrieved by this adjustment, sought rectification, which was rejected. The Commissioner of Income-tax (Appeals) allowed the appeal against the Assessing Officer's order. The Tribunal upheld the Commissioner's decision. Subsequently, the Assessing Officer issued a notice under section 148, invoking section 147, Explanation 2(b), alleging that the assessee had underestimated income by claiming excessive deductions under section 80HHC.

The petitioner contended that since the issue of excessive deductions under section 80HHC was already decided in their favor by the Commissioner of Income-tax (Appeals) and the Tribunal, the Assessing Officer could not raise the same issue again through a notice under section 148. However, the court held that proceedings under section 143(1)(a) are distinct from those under section 148. The Assessing Officer's power to issue a notice under section 148 is not precluded by the outcome of proceedings under section 143(1)(a). The court emphasized that if the Assessing Officer deems it necessary to further examine a claim, a notice under section 148 can be issued, as in this case under section 147, Explanation 2(d), where income chargeable to tax has escaped assessment.

The court found no merit in the petitioner's writ, upholding the notice under section 148 and dismissing the writ. The Assessing Officer was deemed justified in invoking section 147, Explanation 2(b) to issue the notice under section 148 for examining the claimed deduction under section 80HHC. The dismissal of the writ allowed the Assessing Officer to continue the proceedings initiated under section 148. The judgment concluded without awarding any costs to either party.