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TMI Blog1987 (4) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... ation, jurisdiction becomes vested in the Income-tax Officer to proceed to reassess - C.A. 544 OF 1975 - - - Dated:- 28-4-1987 - G. L. OZA. and RANGANATH MISRA. JUDGMENT The judgment of the court was delivered by RANGANATH MISRA J.- 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 p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eassessment or recomputation under section 147, the Income-tax Officer shall serve on the assessee notice containing all or any of the requirements which may be included in a notice under sub-section (2) of section 139 ; and the provisions of this Act shall, 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 sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... far as relevant provided thus : " 34. (1) If (a) ...... (b) ...... he may in cases falling under clause (a) at any time within eight years and in cases falling under clause (b) at time within four years of the end of that year, serve on the assessee.... and may proceed to assess or reassess such income..." Section 34, conferred jurisdiction on the Income-tax Officer to reopen an assessmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 49 prescribes the period of limitation. It categorically prescribes that no notice under section 148 shall be issued after the prescribed limitation has lapsed. Section 148(1) provides for service of notice as a condition precedent to making the order of assessment. Once a notice is issued within the period of limitation, jurisdiction becomes vested in the Income-tax Officer to proceed to reassess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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