2008 (2) TMI 280 - HC - Income Tax

CIT (A) as well as the Tribunal have recorded a pure finding of fact, after considering the material available on record to the effect that notice under Section 148 was actually not served upon the assessee, which was a condition precedent for making reassessment or recomputation u/s 147 - We do not find any ground to interfere in the said finding of fact, and in our view no substantial question of law is arising from the order of the Tribunal.

Summary

Issues:
1. Validity of reassessment without mandatory service of notice under Section 148 of the Income Tax Act.

Analysis:
The case involved an appeal filed by the revenue challenging an order passed by the Income Tax Appellate Tribunal regarding the reassessment for the Assessment Year 1998-99. The main issue raised was whether the reassessment was valid without the mandatory requirement of serving notice under Section 148 of the Act. The revenue contended that a notice was sent via Registered Post on 30.3.2001, which should be considered valid service under Section 27 of the General Clauses Act, 1897.

The Tribunal, however, dismissed the revenue's appeal, emphasizing that Section 148 of the Act mandates the service of notice before any reassessment or recomputation under Section 147. It was highlighted that the mere issuance of notice within the time allowed was not sufficient; actual service upon the assessee had to be proven. The Tribunal held that valid service of notice under Section 148 was a condition precedent for the validity of proceedings under Section 147.

Upon review, the High Court upheld the Tribunal's decision, stating that the revenue failed to provide evidence, such as a postal receipt, to demonstrate that the notice was actually served on the assessee. The Court agreed with the findings of the CIT (A) and the Tribunal that there was no proof of service of the notice, which was essential for initiating reassessment or recomputation under Section 147. Consequently, the Court found no grounds to interfere with the factual findings and concluded that no substantial question of law arose from the Tribunal's order.

In conclusion, the High Court dismissed the appeal, affirming the Tribunal's decision that the reassessment was invalid due to the lack of proof of service of the notice under Section 148 of the Income Tax Act. The case underscored the significance of complying with procedural requirements, particularly regarding the service of notices for initiating tax assessments and reassessments under the Act.