2012 (6) TMI 259 - AT - Income Tax

Validity of notice u/s 148 block assessment order u/s 158BC - Held that - Hon ble High Court has given liberty to issue notice as per law which means that if the notice fulfils the other conditions laid down in the Act, the Assessing Officer can issue notice, afresh. Otherwise also, the very section 147 of the Act empowers the Assessing Officer to initiate re-assessment action in respect of escaped income within the prescribed time, and no authority can stop him for doing so. after striking down the directions of the ld. CIT(A) and the liberty was only for issuance of notice u/s 148 of the Act which the Assessing Officer otherwise possesses. reasons recorded are the same and identical on the basis of which action u/s 147/148 was initially initiated. So, on the basis of same reasons which have already been quashed by the Tribunal, notice issued u/s 148 would not survive. When the particular direction/liberty has been quashed by the Tribunal such a direction no longer survives. no provision in law to take action u/s 147 under the direction of any authority or Court. appeal of the Revenue stands dismissed.

Summary

Issues:
1. Validity of notice u/s 148 for assessment year 1999-2000.
2. Quashing of re-assessment order u/s 147 r.w.s 144 dated 30.12.2008 by CIT(A).

Issue 1: Validity of notice u/s 148 for assessment year 1999-2000:
The appeal pertained to the validity of the notice issued u/s 148 for the assessment year 1999-2000. The case involved a search conducted under section 132 of the Act, resulting in a block assessment order. The CIT(A) had directed the Assessing Officer to issue a notice u/s 148 for the said assessment year. However, subsequent legal proceedings, including appeals and writ petitions, questioned the validity of the notice. The Tribunal had initially allowed the assessee's appeal, setting aside the direction to reopen the assessment. The High Court granted liberty to issue a fresh notice, leading to the issuance of a second notice u/s 148. The Assessing Officer completed a protective assessment, citing reasons related to the period of limitation and compliance with court orders.

Issue 2: Quashing of re-assessment order u/s 147 r.w.s 144 dated 30.12.2008 by CIT(A):
The second issue involved the quashing of the re-assessment order u/s 147 r.w.s 144 dated 30.12.2008 by the CIT(A). The Revenue contended that the order was valid based on directions from the Tribunal and the High Court. Conversely, the assessee argued that the notice was time-barred under the provisions of the Act. The Tribunal analyzed the legal provisions under sections 150 and 149 of the Act. It emphasized that the direction to reopen an assessment cannot extend the period of limitation prescribed under section 149. The Tribunal concluded that the notice u/s 148, based on previously quashed reasons, was not valid. It highlighted that the High Court's permission to issue a fresh notice did not alter the statutory limitations. Consequently, the Tribunal upheld the CIT(A)'s decision to quash the re-assessment order.

In summary, the judgment revolved around the validity of the notice u/s 148 for the assessment year 1999-2000 and the subsequent quashing of the re-assessment order by the CIT(A). The Tribunal emphasized the importance of statutory limitations and legal provisions in determining the validity of notices and re-assessment orders. Ultimately, the Tribunal dismissed the Revenue's appeal, affirming the CIT(A)'s decision.