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TMI Blog2004 (8) TMI 85X X X X Extracts X X X X X X X X Extracts X X X X ..... on 153(2) when the return was b filed in response to notice under section 148 served on September 29, 1983?" - We are not inclined to subscribe to the view taken by the Tribunal when it held the assessment to be barred. We, however, hold that the assessment in question for the year 1982-83 made pursuant to section 148 notice was within limitation and it be given effect to - Accordingly and in view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 148 served on September 29, 1983?" As is clear from the question quoted supra, a short question in substance that arises for consideration in this reference is whether the Tribunal was justified in holding that the assessment made and completed by the Assessing Officer on March 25, 1988, in the assessment year 1982-83 in pursuance of a notice issued under section 148 of the Income-tax Act is wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment to the assessee under section 148 of the Income-tax Act. This notice was served upon the assessee on September 29, 1983, as stated in the statement of case pursuant to which the assessee filed the return on March 28, 1985. The Assessing Officer then completed the assessment on March 25, 1988. Section 153(2) of the Act as it then stood at the time of issuance of section 148 notice and conseq ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same was in conformity with the requirement of section 153(2) of the Act. Under these circumstances and in this view of the matter, we are not inclined to subscribe to the view taken by the Tribunal when it held the assessment to be barred. We, however, hold that the assessment in question for the year 1982-83 made pursuant to section 148 notice was within limitation and it be given effect t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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