9911796707
TMI Blog1996 (5) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner of Delhi by notification dated March 6, 1966, and September 6, 1966, issued under section 6 of the Land Acquisition Act, 1894. By judgment dated May 20, 1980, the then Additional District Judge held the petitioner to be entitled 1/32 share of the compensation awarded under the awards. As a consequence thereof, the petitioner received a compensation of Rs. 1,33,810. On a reference application filed by the petitioner under section 18 of the Land Acquisition Act, the Additional District Judge, Delhi, by his judgment dated July 31, 1991, passed his award. Consequently, the petitioner was paid a sum of Rs. 1,10,20,624 which amount represented towards principal amount at Rs. 41,96,496 and interest at Rs. 76,84,829 up to May 18, 1992. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicable to the facts and circumstances of the present case inasmuch as the said provision does not confer any fresh power on the Income-tax Officer to make assessment in respect of the escaped income without any time-limit and particularly in respect of those assessment years which had become time-barred. Learned counsel relied upon the provisions of sub-section (2) of section 150 and submitted that in view of the said provisions, the provisions of sub-section (1) of section 150 shall not apply where by virtue of any other provision limiting the time within which the action for assessment, reassessment or recomputation might be taken, such assessment, reassessment or recomputation was barred on the date of the order which is the subject-m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and circumstances of the case and, therefore, the respondents are within their jurisdiction in issuing the notices under section 148 of the Income-tax Act to the petitioner and also in continuing with the reassessment proceedings and making an order of reassessment in respect of the relevant assessment years. It is true that a plea of limitation in respect of initiation of proceedings under section 147 of the Income-tax Act may and should be taken before the Assessing Officer and the appellate or revisional authorities constituted under the Act. It is held by the Supreme Court in the case of Lalji Haridas v. ITO [1961] 43 ITR 387 and Lalji Haridas v. R. H. Bhatt [1965] 55 ITR 415 that the jurisdiction conferred on the High Court under ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oviso to section 149 whereas sub-section (2) of section 150 again appears to be a proviso to the provisions of sub-section (1) of section 150. Sub-section (1) of section 150 provides that where the reassessment proceedings are initiated in consequence of or to give effect to any finding or direction contained in an order passed by any authority in any proceedings under the Income-tax Act by way of appeal, reference or revision or by a court in any proceeding under any other law, the time-limits prescribed in section 149 shall not apply and that notice under section 148 could be issued at any time. Accordingly, by virtue of the aforestated provision, the bar of limitation for reopening of assessment to which certain periods of limitation are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spect of which an assessment, reassessment or recomputation could not have been made at the time the order which was the subject-matter of the appeal, reference or revision, as the case may be, was made by reason of any other provision limiting the time within which any action for assessment, reassessment or recomputation may be taken. " On a closer reading of the aforesaid provisions the only interpretation that could be given to the aforesaid section is that the bar of limitation as provided for in section 149 shall not apply for reopening of assessments to certain periods of limitation, i.e., in a case where initiation of reassessment proceedings is in consequence of or to give effect to any finding or direction contained in the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovisions of section 150, the interpretation that could be given thereto is that if there be an order of a court including an order by a reference court in a land acquisition proceeding then the bar of limitation is automatically lifted and accordingly, for the years in question for which interest was paid to the petitioner, although initiation of reassessment proceedings could be barred under the provisions of section 149, the same would stand as not barred under the provisions of section 150(1) of the Act and consequently, the question of limitation would not arise for consideration. The provisions of section 150(2) are not applicable to the facts and circumstances of the present case as it does not envisage within its ambit any finding o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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