9911796707
TMI Blog1987 (4) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... .-This is an appeal by the Revenue by special leave and is directed against the judgment of the Gujarat High Court dated August 20, 1973, in a writ petition. The High Court quashed the notice for reassessment issued under section 147(b) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), for the assessment year 1965-66. In spite of service of notice, the assessee-respondent has not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hall, so far as may be, apply accordingly as if the notice were a notice issued under that sub-section." 149. (1) No notice under section 148 shall be issued,-... (b) in cases falling under clause (b) of section 147, at any time after the expiry of four years from the end of the relevant assessment year. (2) The provisions of sub-section (1) as to the issue of notice shall be subject to the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and may proceed to assess or reassess such income..." Section 34, conferred jurisdiction on the Income-tax Officer to reopen an assessment subject to service of notice within the prescribed period Therefore, service of notice within limitation was the foundation of jurisdiction. The same view has been taken by this court in Jani v. Induprasad Devshanker Bhatt [1969] 72 ITR 595 as also in CIT v. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment. Once a notice is issued within the period of limitation, jurisdiction becomes vested in the Income-tax Officer to proceed to reassess. The mandate of section 148(1) is that reassessment shall not be made until there has been service. The requirement of issue of notice is satisfied when a notice is actually issued. In this case, admittedly, the notice was issued within the prescribed period o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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