1989 (1) TMI 97 - HC - Income Tax

Summary

Issues involved:
The judgment involves the reopening of assessment u/s 147(a) of the Income-tax Act, 1961, and the dispute regarding the time limit for completing the revised assessment u/s 153(1)(b) or u/s 153(2)(a) of the Act.

Relevant Details:

1. Reopening of Assessment:
The non-resident company's assessment for the year 1967-68 was reopened u/s 147(a) of the Income-tax Act, 1961. The Income-tax Officer issued a notice u/s 148 on November 2, 1969, served on November 3, 1969. The revised assessment was completed on September 10, 1976, determining the total income at Rs. 4,10,390.

2. Dispute on Time Limit:
The assessee contended that the time for revised assessment had expired on March 31, 1974, u/s 153(2)(a) of the Act, making the assessment on September 10, 1976, time-barred. The Appellate Assistant Commissioner and the Tribunal held that the assessment was indeed time-barred under u/s 153(2)(a) of the Act.

3. Legal Provisions:
Section 153 of the Act provides time limits for assessments and reassessments. The distinction between u/s 153(1) and u/s 153(2) is crucial, with different periods of limitation specified for each. The judgment clarifies that the provisions maintain a clear-cut distinction between assessments under u/s 143 or u/s 144 and assessments or reassessments under u/s 147(a) or 147(b) of the Act.

4. Judicial Precedent:
Referring to the case of Miri Mal Mahajan v. CIT [1974] 95 ITR 186 (P & H), the Tribunal's decision was supported. It was established that in cases where a notice u/s 148 is issued, the limitation as per u/s 153(2) of the Act applies. Consequently, the revised assessment made on September 10, 1976, was deemed time-barred u/s 153(2)(a) of the Act.

In conclusion, the High Court of Madras upheld the Tribunal's decision, ruling that the revised assessment made on September 10, 1976, was time-barred u/s 153(2)(a) of the Income-tax Act, 1961. The judgment clarifies the distinct application of provisions u/s 153(1) and u/s 153(2) concerning assessments and reassessments, ensuring a clear separation of cases and their respective time limits.