9911796707
TMI Blog2013 (7) TMI 769X X X X Extracts X X X X X X X X Extracts X X X X ..... ome for the assessment year 1989-90 declaring an income of Rs. 6,21,28,550. However, vide an order of assessment dated March 31, 1992, under section 143(3) of the Act certain additions were made to the returned income and the petitioner was assessed at a much higher income. The said additions were the subjectmatter of appeal, however, the said proceedings do not have any bearing in the matter. Thereafter, the petitioner received the impugned notice dated December 12, 2000, pursuant to which, it submitted its objections, vide letter dated December 16, 2000. Since the respondent did not drop the proceedings, the petitioner has filed the present petition challenging the said notice. Mr. S. N. Soparkar, learned senior advocate appearing on be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... invalid. On the other hand, Mr. M. R. Bhatt, learned senior advocate appearing on behalf of the respondent, has placed reliance upon the averments made in the affidavit-in-reply filed by the respondent wherein reliance has been placed on the provisions of section 150 of the Act, to contend that under the said provision notice under section 148 can be issued at any time to give effect to any finding or direction contained in any order passed by any authority in any proceeding under the Act by way of appeal, reference or revision or by a court in any proceeding under law. According to the learned counsel, in the light of the said provision the contention that the notice is time barred is not correct. It was submitted that the Assessing Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ovisions of section 150 of the Act which in so far as the same is relevant for the present purpose reads thus : 150. Provision for cases where assessment is in pursuance of an order on appeal, etc.-(1) Notwithstanding anything contained in section 149, the notice under section 148 may be issued at any time for the purpose of making an assessment or reassessment or recomputation in consequence of or to give effect to any finding or direction contained in an order passed by any authority in any proceeding under this Act by way of appeal, reference or revision or by a court in any proceeding under any other law." On a plain reading of section 150 of the Act, it is apparent that the same provides that a notice under section 148 of the Act may ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt while giving effect to the order dated March 31, 1994, of the Commissioner (Appeals). Being aggrieved, the petitioner went in appeal to the Commissioner (Appeals) who by an order dated December 3, 1999, directed the Assessing Officer to comply with the directions of the Commissioner (Appeals) in his earlier order and allow deduction on interest income of Rs. 62,61,091 and held that the action of the Assessing Officer excluding the expenses debited to the account of the trust of Rs.1,90,89,590 from the profit of Patel Detergents while computing the deduction under section 80-I in the order giving effect to the order of the Commissioner (Appeals) was not in order. He, therefore, directed the Assessing Officer to set right his aforesaid act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Thus, the very premise for reopening the assessment is misconceived. In case the Revenue is aggrieved by the order made by the Commissioner (Appeals), the same has to be challenged in appropriate proceedings. In the present case, the Assessing Officer instead of giving effect to the order of the Commissioner (Appeals) has sought to reopen the assessment on the ground that giving effect to the said order would result in escapement of income. What section 150 of the Act permits is to reopen assessment in consequence of or to give effect to any finding or direction contained in an order passed by any authority in any proceeding under the Act by way of appeal, reference or revision (without application of the time limit prescribed under secti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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