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TMI Blog2013 (7) TMI 651X X X X Extracts X X X X X X X X Extracts X X X X ..... - which conclusion therefore is irresistible and the notices issued for the A.Y.1992-93 to 96-97 are beyond the period of limitation – petition decided in favour of assessee - Writ Tax No. -158 of 2006 - - - Dated:- 10-1-2012 - R. K. Agrawal And B. Amit Sthalekar,JJ. For the Petitioner : N. C. Gupta For the Respondent : S. C.,B. J. Agarwal ORDER By means of the present writ petition filed under Article 226 of the Constitution of India the petitioner seeks a writ, order or direction in the nature of certiorari quashing the notices dated 18.12.2005 issued under Section 142(1) and 14.12.2005 issued under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as the Act) filed as Annexure-1 to the writ petition and a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticipated in the proceedings and the assessment order was also passed on 28th March, 2003. In response to notice issued under Section 148 of the Act for the assessment year 1997-98 the petitioner had filed his return of income disclosing the taxable income of Rs.130880/-. The assessment was, however, framed at Rs.2316680/-. The Assessing Officer, respondent no.3 had brought to tax the entire amount of Rs.13,59,289/- received by the petitioner towards interest on delayed payment of compensation as interest income during the assessment year 1997-98 itself. The matter was carried in appeal. The Commissioner of Income Tax (Appeals), Ghaziabad vide order dated 19.12.2003 has partly allowed the appeal. She has directed to Assessing Officer to tak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been justified by taking recourse to the provision of Section 150 (1) of the Act. Reliance has been placed upon the order passed by the Commissioner of Income Tax, Ghaziabad dated 11.1.2005 and also the order passed by the Commissioner of Income Tax (Appeals) Ghaziabad dated 19.12.2003. We have heard Sri N.C. Gupta, learned counsel for the petitioner and Sri Dhananjay Awasthi, learned Senior Standing Counsel appearing for the respondents. Sri N.C. Gupta, learned counsel submitted that the assessment years involved in the present writ petition are 1992-93 to 1996-97 and the six years maximum period provided in Section 149 of the Act would come to end on 31st March, 1999 in the case of assessment year 1992-93 and 31st March, 2003 in respe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he relevant assessment year,- [(a) if four years have elapsed from the end of the relevant assessment year, unless the case falls under clause (b); (b) if four years, but not more than six years, have elapsed from the end of the relevant assessment year unless the income chargeable to tax which has escaped assessment amounts to or is likely to amount to one lakh rupees or more for that year.] Explanation.-In determining income chargeable to tax which has escaped assessment for the purposes of this sub-section, the provisions of Explanation-2 of section 147 shall apply as they apply for the purposes of that section.] 2. The provisions of sub-section (1) as to the issue of notice shall be subject to the provisions of section 151. 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or recomputation may be taken." From the reading of the aforesaid provisions, we find that the maximum period under clause (a) of sub-section 1 of Section 149 of the Act for issuance of notice under Section 148 is four years from the end of the relevant assessment yea, unless the case falls under clause (b) whereas Clause b provides the maximum period of six years from the end of the relevant assessment year. The notice can be issued in the cases where income chargeable to tax has escaped assessment amounts to or is likely to exceed one lakh rupees or more for that year. However, sub section 1of Section 150 of the Act makes the provisions of Section 149 not applicable in the case where assessment/ reassessment or recomputation of income i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of interest on accrual or receipt basis is finally set at rest and the A.O. is directed to take the interest pertaining to the year under consideration so far as the present assessment is concerned." So far as the order passed by the Commissioner Income Tax, Ghaziabad dated 11.1.2005 is concerned, we may mention here that the Commissioner of Income Tax had not given any finding or direction to the Assessing Officer to tax or treat interest received from the earlier assessment year. In that order he simply cancelled the assessment order and directed the Assessing Officer to investigate properly. The operative portion of the order passed by Commissioner of Income Tax, Ghaziabad is reproduced below:- "From the above facts it is clear tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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