2008 (7) TMI 240 - HC - Income Tax

Validity of reassessment - Tribunal held that reassessment proceedings were invalid - Whether in the facts and circumstances of the case, the Tribunal was right in holding that the assessing officer is barred in initiating the proceedings under section 148 when the time for issuance of notice under section 143(2) had not expired revenue s appeal dismissed

Summary

Issues:
1. Validity of reassessment proceedings under Section 148 when the time for issuing notice under Section 143(2) has not expired.
2. Whether the appeal by the revenue is infructuous.

Analysis:
1. The case involved a dispute regarding the reassessment proceedings initiated by the Assessing Officer under Section 147 for the assessment year 2003-04. The assessee, engaged in software export business, had filed its return of income claiming deduction under Section 10A. The Assessing Officer reopened the assessment under Section 147, contending that interest income from a bank had been incorrectly included in the profits eligible for deduction under Section 10A. The Tribunal considered whether the Assessing Officer could proceed with reassessment under Section 148 when the time for issuing notice under Section 143(2) had not expired. Relying on a previous judgment, the Tribunal held in favor of the assessee, stating that reassessment proceedings could not be validly initiated while the assessment proceedings based on the return already filed were pending. The High Court, following the precedent, dismissed the appeal by the revenue, upholding the Tribunal's decision.

2. The revenue contended that the Tribunal erred in holding the reassessment proceedings as invalid when the notice under Section 143(2) had not been issued. The High Court, after examining the Division Bench's previous judgment, found no error in the Tribunal's decision. The Division Bench had previously held that no action under Section 147 could be initiated while the return was pending before the Assessing Officer. The High Court concurred with this reasoning and dismissed the appeals, affirming the validity of the Tribunal's decision. Consequently, the connected miscellaneous petition was also dismissed in line with the dismissal of the appeals by the revenue.