2015 (8) TMI 715 - HC - Income Tax

Reopening of assessment - Held that - Initiating the re-assessment proceedings by virtue of the notice dated 02.02.2010 issued under Section 148 of the Income Tax Act, 1961 does not survive. Therefore, we are disposing of this writ petition with liberty to both sides to seek revival in case the need arises. We make it clear that in case it is ultimately held in favour of the revenue, then the revenue shall be entitled to revive its proceedings pursuant to the notice under Section 148 of the said Act and the assessee shall not take up the plea of limitation.

Summary

The High Court of Delhi disposed of a writ petition stating that the re-assessment proceedings initiated under Section 148 of the Income Tax Act, 1961 do not survive due to a previous order in favor of the petitioner by the Tribunal. The court granted liberty to both sides to seek revival if needed, with a condition that the revenue can revive its proceedings if ultimately held in their favor.