1996 (3) TMI 120 - HC - Income Tax

Summary

Issues involved: Jurisdiction of Income-tax Officer in reassessment proceedings, validity of notice issued under section 148 of the Income-tax Act.

Jurisdiction of Income-tax Officer: The petitioner, a retired Lieutenant Colonel, filed his income tax return for the assessment year 1988-89 while stationed at Pune, which was assessed by the Income-tax Officer there. After shifting to Jalandhar post-retirement, a notice was issued by the Income-tax Officer, Jalandhar, under section 148 to reopen the assessment. The petitioner challenged this notice on grounds of jurisdiction and alleged harassment. The High Court noted that without a transfer order u/s 127, only the assessing officer who initiated or completed the assessment has jurisdiction to proceed with reassessment. As no transfer order was issued, the proceedings by the Jalandhar officer were deemed without jurisdiction, leading to the quashing of the notice.

Validity of Notice under Section 148: The petitioner contended that the Jalandhar Income-tax Officer lacked sufficient material and was acting on mala fide grounds at the behest of the petitioner's son-in-law's father. However, the High Court did not delve into these contentions as the primary issue of jurisdiction had already been established. Consequently, the High Court allowed the writ petition, setting aside the reassessment proceedings initiated by the Jalandhar officer under section 148 of the Income-tax Act and imposed costs of Rs. 1,000.