9911796707
TMI Blog2008 (8) TMI 930X X X X Extracts X X X X X X X X Extracts X X X X ..... r on the facts and in the circumstances of the case, the Appellate Tribunal and the Commissioner of Income Tax (Appeals) were justified in holding that the assessment order for the assessment year 1979-80 in the name of the assessee was barred by limitation holding that Section 150(1) of the Income Tax Act, has no application to the facts and circumstances of the case in order to save the limitation. ? 4. The facts of this case are as hereunder: The respondent assessee has purchased 13 acres 37 guntas of land from one Sajjan Rao situated in survey No. 8 of Gongondanahalli, Yeshwanthpur Hobli, Bangalore North, which land was acquired by the Bangalore Development Authority for the formation of a residential layout. the Assessing office ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment by taking shelter of Section 150(1) of the Act. 6. Challenging the order passed by the Assessing Officer, the assessee filed an appeal before the income Tax Appeals, contending that the order of assessment is bad in law since the same was barred by limitation. The Commissioner of Income Tax Appeals, examining the provisions of Section 150(1) and (2) of the Act, held that the notice was barred by limitation and set aside the order passed by the Assessing Officer. Against which, the revenue filed an appeal before the Income tax Appellate Tribunal. The Appellate Tribunal also confirmed that order passed by the Commissioner of Income Tax Appeals and dismissed the appeal of the revenue of the ground that the notice issued by the Ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... E 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 re-assessment or recomputetion 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). (2) The provisions of sub-section (1) shall not apply in any case where any such assessment, re-assessment or recomputation as is referred to in that sub-section relates to an assessment year in respect of which an assessment, reassessment or recomputation would not have been made at t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 150 of the Act, it is clear that a notice under Section 148 of the Act can be issued only to give effect to a direction issued by any authority in any proceedings, under the Act, either in an appeal or reference or revision or by a court in any proceedings in any other law. Sub-Section (2) of Section 150 of the Act, says that Sub-section (1) of the Act will not apply in any case where such assessment or re-assessment or computation as is referred to, and that sub section relates to an assessment year, in respect of which an assessment, re-assessment or computation could not have been made at the time of the order, which was the subject matter of the appeal reference, revision as the case may be was. There might, reason of any other provis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffect pursuant to direction issued by such authorities only against the persons who are parties to the earlier Appeal, Revision or Reference and it cannot be imported to a third person. Considering that the present assessee and the earlier assessee are different, we are of the opinion that the Tribunal as well as the Commissioner of Income Tax Appeals, was justified in holding that the notice issued under Section 148 of the Income Tax Act, was clearly barred by limitation and that Section 150 of the Income Tax Act, would not save the limitation to pass an order of assessment against the present assessee. In the result, the question of law framed by us is answered against the revenue. Accordingly, the appeal is dismissed. - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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