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Issues Involved:
1. Whether the reassessment proceedings under section 147(b) of the Income-tax Act, 1961, for the assessment year 1961-62 were barred by limitation. 2. Whether sections 150(1) and 153(3), Explanation 2, saved the limitation for issuing notice as provided under section 149 of the Act. Issue-wise Detailed Analysis: 1. Limitation on Reassessment Proceedings: The primary issue was whether the reassessment proceedings initiated under section 147(b) of the Income-tax Act, 1961, for the assessment year 1961-62 were barred by limitation. The original orders of assessment for the years 1960-61 and 1961-62 were made on March 31, 1964. The Income-tax Officer (ITO) had allowed certain sums as expenditure for the assessment year 1961-62, which were later determined to be allowable for the year 1960-61 by the Appellate Assistant Commissioner (AAC). Consequently, the ITO initiated reassessment proceedings for 1961-62 and issued a notice under section 148 on March 17, 1969, leading to the reassessment of income for that year. The Tribunal held that the reassessment proceedings were barred by time, but the revenue contended otherwise, arguing that there was no time limit for such reassessment in view of Explanation 3 to section 153(3). 2. Escapement of Income: The court addressed the contention that there was no escapement of income for the year 1961-62. Shri Gupta, counsel for the assessee, argued that section 147 contemplates the escapement of income, not the wrongful allowance of expenditure. However, the court referred to Explanation 1 to section 147, which includes under-assessment of income as escapement. The court cited precedents to establish that income chargeable to tax is the net income after allowable deductions. If an expenditure is wrongly allowed, the net income is under-assessed, leading to escapement of income. Therefore, the wrongful allowance of Rs. 8,67,995 as expenditure for 1961-62 constituted escapement of income, justifying reassessment under section 147. 3. Applicability of Findings and Directions: The court examined whether the reassessment for 1961-62 was in consequence of or to give effect to any finding or direction of the AAC. It acknowledged the Supreme Court's ruling in Income-tax Officer v. Murlidhar Bhagwan Das, which restricted appellate authorities from directing assessments for other years. However, the court noted that this decision was partly nullified by the amendment to section 153, adding Explanation 2, which allows reassessment for another year if income is excluded from the total income of an assessee for an assessment year by an appellate order. 4. Application of New Act Provisions: Shri Gupta argued that Explanation 2 to section 153(3) could not be invoked as the appeal for 1960-61 was under the old Act, not the present Act. The court referred to section 297(2)(d) of the Act, which provides that if no proceedings under section 34 of the old Act were pending at the commencement of the present Act, a notice under section 148 could be issued, and all provisions of the present Act would apply. The court emphasized that the provisions of the new Act must be read mutatis mutandis, meaning that for Explanation 2 to section 153(3), section 250 of the present Act should be read as section 30 of the old Act. Conclusion: The court concluded that the reassessment proceedings for the year 1961-62 were not barred by limitation due to the provisions of section 150(1) read with Explanation 2 to section 153(3) of the Act. The answer to the question referred to the court was in favor of the revenue and against the assessee. The assessee was ordered to pay the costs of the revenue, with the advocate's fee assessed at Rs. 200.
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