2012 (5) TMI 120 - HC - Income Tax

Validity of notice u/s 148 status of assessee as per notice - Held that - Department issued a notice under Section 148 in the name of assessee, in response to which the statement was filed referring to earlier return filed may be treated in compliance to the above notice the Department being well aware of the identification of the assessee issued notice u/s 148 he having participated in the proceedings, cannot be allowed to turn round and challenge the notice issued as without jurisdiction - it is not a case where notice has been issued in favour of one assessee and the assessment has been framed against another assessee against assessee.

Summary

Issues Involved:

1. Validity of notice issued under Section 148 of the Income Tax Act, 1961 without specifying the status of the assessee.
2. Applicability of Section 292-B of the Income Tax Act, 1961 to save the validity of the notice issued under Section 148.

Issue-wise Detailed Analysis:

1. Validity of Notice Issued Under Section 148 Without Specifying the Status of the Assessee:

The primary issue in this case was whether the notice issued under Section 148 of the Income Tax Act, 1961, was valid despite not specifying the status of the assessee. The notice was issued to M/s Kant Travels without mentioning whether the firm was registered or unregistered. The assessee participated in the proceedings without raising any objections regarding the notice's validity or the description of the assessee's status. The Tribunal held that the notice was invalid because it did not specify the status of the assessee, thus rendering the assessment void-ab-initio. However, the High Court found that the assessee's participation in the proceedings without raising any objections indicated that the notice was understood and acted upon correctly. The High Court concluded that the lack of specific status in the notice did not invalidate it, as the substance and intent of the notice were clear.

2. Applicability of Section 292-B to Save the Validity of the Notice:

Section 292-B of the Income Tax Act, 1961, states that no notice shall be invalid merely due to any mistake, defect, or omission if it is in substance and effect in conformity with the intent and purpose of the Act. The High Court emphasized that the purpose of Section 148 is to inform the assessee that income has escaped assessment, and the notice in this case fulfilled that purpose. The High Court referenced several judgments, including those from the Calcutta High Court and Punjab & Haryana High Court, which supported the view that minor defects in the notice do not invalidate it if the intent and purpose are clear. The High Court concluded that Section 292-B was applicable in this case, and the notice under Section 148 was valid despite the omission of the assessee's status.

Conclusion:

The High Court found that the Tribunal erred in declaring the notice under Section 148 invalid due to the lack of specific status of the assessee. The Court held that the notice was in substance and effect in conformity with the intent and purpose of the Act, and thus, Section 292-B applied to save its validity. The High Court set aside the Tribunal's order and remitted the matter back to the Tribunal to decide the appeal afresh on other grounds raised by the assessee. Both substantial questions of law were answered in favor of the revenue and against the assessee. The parties were directed to bear their own costs.