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TMI Blog2015 (9) TMI 390X X X X Extracts X X X X X X X X Extracts X X X X ..... r 2005 ought to have been completed within the time stipulated and till such time there was no occasion to initiate fresh reassessment proceedings by issuing notice under Section 148 of the Act. Consequently, the impugned order of the ITAT annulling the assessments for AY 2001-02 to 2004-05 cannot be said to be erroneous. - Decided in favour of assessee. - ITA 92/2012, ITA 93/2012, ITA 94/2012 , ITA 96/2012 - - - Dated:- 2-9-2015 - S. Muralidhar And Vibhu Bakhru, JJ. For the Appellant : Mr. P. Roy Chaudhuri, Senior Standing counsel For the Respondent : Mr. Ved Jain with Mr. Pranjal Srivastava, Advocates ORDER 1. These four appeals by the Revenue under Section 260A of the Income Tax Act, 1961 ( Act ) are against t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs.1,97,590/- 2004-05 01/11/2004 Rs.1,11,910/- 4. A survey under Section 133A of the Act was conducted by the Director of Investigation, New Delhi on 12th July 2004 and the statement of the Assessee was recorded. Certain documents in the form of loose papers found during the search were also impounded. On the basis of the information so gathered, the Deputy Commissioner of Income Tax, Central Circle initiated re-assessment proceedings under Section 147 of the Act by issuing notice on 23rd September 2005 by speed post. The notice which was so issued was not returned undelivered to the Department. 5. In response to the notice issued on 23rd September 2005 the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sued and served at the same address on Smt. Geeta Garg, the wife of the Assessee. At the same address at which speed post notice was issued i.e. D-16/406, Sector-7, Rohini, notice under Section 143 (2) was issued on 31st October 2006 by the Income Tax Officer. The said notice was to inform the Assessee of the hearing of the date being fixed for 10th November 2006 at 12 noon. This notice was served on the Assessee by the Inspector on 6th November 2006. On the reverse of the said notice, the Assessee made an endorsement in Hindi to the effect that till that date he had not received any earlier notice. He also filed an affidavit on 10th November 2006 denying that he had received any notice prior to 6th November 2006. 8. On the basis of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1961 came into force with effect from 1st April 1962. The challenge by the Assessee to the validity of the notice issued under the 1922 Act succeeded with the Bombay High Court quashing the said notice by the order dated 6th March 1963. Thereafter the Income Tax Officer issued a fresh notice on 26th March 1963 under Section 148 of the Act in respect of the very assessment which had sought to be reopened by the earlier notice under Section 34(1)(a) of the 1922 Act. The Supreme Court held that the proceedings initiated under Section 34 (1)(a) of the 1922 Act were pending at the time when the 1961 Act came into force and, therefore, the Income Tax Officer was not competent to issue a fresh notice under Section 148 of the Income Tax Act, 1961. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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