1994 (3) TMI 43 - HC - Income Tax

Accounting Year, Actual Cost, Agricultural Income Tax, Assessment Notice, Capital Expenditure, Capital Or Revenue Expenditure, Foreign Currency, Reassessment Notice

Summary

Issues:
1. Jurisdiction of the assessing officer.
2. Limitation period for reassessment.
3. Validity of the notice for reassessment.

Jurisdiction Issue:
The petitioner argued that the assessing officer from Kottayam had no jurisdiction to reassess as the files had been transferred to Ernakulam. However, the counter affidavit clarified that the Kottayam officer had jurisdiction since October 1, 1991, as per the Board of Revenue's decision. The transfer to Ernakulam would only take effect after the assessments were completed by March 31, 1992. Thus, the Kottayam officer had the necessary jurisdiction.

Limitation Period Issue:
The reassessment under exhibit P-7 was challenged on the grounds of limitation. The reassessment was completed on March 31, 1992, within five years from the end of the assessment year 1986-87. The provisions allowed for initiating proceedings within five years from the end of the year in which the income escaped assessment. The reassessment was deemed to be within the prescribed time limit.

Validity of Notice Issue:
The petitioner contended that the notice for reassessment, exhibit P-5, was invalid as it did not comply with the requirements of section 35(1) of the 1950 Act or section 41(1) of the 1991 Act. The notice failed to grant the petitioner the mandatory thirty days to furnish a return, as it directed the return to be filed by March 30, 1992, only six days after the notice was served. The court held that the notice was invalid as it did not provide the required thirty days, rendering the reassessment proceedings unsustainable in law. Citing precedents, the court emphasized that the service of a valid notice is a fundamental requirement for reopening an assessment, and failure to comply makes the proceedings illegal and void.

In conclusion, the court allowed the original petition, quashing the notice exhibit P-5 and the order of assessment exhibit P-7 as they were deemed invalid due to the insufficient notice period provided to the petitioner.