9911796707
TMI Blog2012 (8) TMI 613X X X X Extracts X X X X X X X X Extracts X X X X ..... JJ. JUDGMENT The present appeal has been filed under section 260A of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), against the order dated April 20, 2004, passed by the Income-tax Appellate Tribunal, Allahabad. The appeal has been admitted on the following substantial questions of law : "1. Whether, upon the facts and circumstances of the case, the Tribunal was justified in holding the single notice issued under section 148 for four assessment years as valid ? 2. Whether, upon the facts and circumstances of the case, the Tribunal was justified in treating the letter dated January 24, 2001, as notice under section 143(2) of the Act ? 3. Whether, upon the facts and in the circumstance of the case, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome-tax (Appeals) who partly allowed the appeal with certain directions for determining the income regarding incentive bonus. Still feeling aggrieved the appellant preferred an appeal before the Tribunal. Before the Tribunal, the appellant had raised the question regarding the validity of the notice issued under section 148 of the Act as also the genuineness of notice under section 143(2) of the Act on the ground that in the absence of both the notice or any one of them, the entire proceedings were vitiated and without jurisdiction. The Tribunal has repelled both the contentions. We have heard Shri Shakeel Ahmad, learned counsel for the appellant and Shri Dhananjay Awasthi, learned standing counsel appearing for the Revenue. Shri Sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ghtful consideration to the various pleas raised by the learned counsel for the parties. We are of the considered opinion that the appellant is liable to be succeed on the first point, that is, regarding non-issuance of separate notice under section 148 of the Act under the scheme of the Act. Each assessment year is taken to be an independent unit of assessment and the provisions of the Act applies separately, even where there has been escapement of income, the Assessing Officer is obliged to issue separate notice for each assessment year. The Assessing Officer in the present case admittedly has not issued separate notice under section 148 of the Act and instead had issued a composite notice which does not meet the requirement of section 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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