2008 (1) TMI 389 - HC - Income Tax

Authority to issue notice u/s 148 - the notice should have been issued under section 151(2) of the Act, which requires that it should have been issued by an officer holding a rank of not less than a Deputy Commissioner - assessment order framed under section 143(3) read with section 147 as bad in law and consequently quashed.

Summary

Issues:
1. Appeal challenging the correctness of the order of the Income-tax Appellate Tribunal.
2. Validity of the notice issued under section 148 of the Income-tax Act for the assessment year 1990-91.
3. Declaration of the assessment order framed under section 143(3) read with section 147 as bad in law.

The High Court of Karnataka heard an appeal filed by the Revenue challenging the order of the Income-tax Appellate Tribunal dated February 17, 2003. The appeal raised substantial questions of law regarding the validity of the notice issued under section 148 of the Income-tax Act for the assessment year 1990-91 and the assessment order framed under section 143(3) read with section 147. The court noted that these questions had been previously decided against the Revenue and in favor of the assessee by both the High Court and the Supreme Court. The appellant's counsel argued that there was no defect in the notice issued to the assessee under section 148 due to the proviso appended to section 151 of the Act. However, upon examining section 151, the court found that the notice should have been issued under section 151(2) by an officer holding a rank of not less than a Deputy Commissioner. It was revealed that the notice in question was issued by an Income-tax Officer of lower rank than a Deputy Commissioner. Consequently, the court concluded that there was no substantial question of law arising from the case and dismissed the appeal.

In conclusion, the High Court of Karnataka dismissed the appeal, upholding the decision that the notice issued under section 148 of the Income-tax Act for the assessment year 1990-91 was invalid due to being issued by an officer of a lower rank than required by section 151(2) of the Act. The court found no merit in the Revenue's challenge to the correctness of the order of the Income-tax Appellate Tribunal and declared the assessment order framed under section 143(3) read with section 147 as bad in law. The judgment reaffirmed the importance of procedural compliance in tax matters and highlighted the significance of adhering to statutory requirements for issuing notices and conducting assessments under the Income-tax Act.