9911796707
TMI Blog2007 (2) TMI 212X X X X Extracts X X X X X X X X Extracts X X X X ..... substantial question of law that arises for our consideration – revenue appeal dismissed – reassessment notice is not valid - 182 of 2005 - - - Dated:- 20-2-2007 - MADAN B. LOKUR and V. B. GUPTA JJ. J. R. Goel, for the appellant. Y.K. Kapur and Kaanan Kapur, for the respondent. JUDGMENT 1. The Revenue is aggrieved by an order dated 20 th August, 2004 passed by the Income Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner of Income Tax v. Kelvinator of India Ltd., (2002) 256 ITR 1, a Full Bench of this Court observed that an order of assessment can be passed either in terms of Sub-section (1) of Section 143 or Sub-section (3) of 143 of the Act. In so far as the present case is concerned, it is an admitted position that no assessment order was passed under Section 143(3) of the Act and that the return of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessing Officer made up his mind to issue a notice to the Assessee under Section 147/148 of the Act, a valid return of income filed by the Assessee was still pending before him and which could have been processed. 8. It is submitted by learned counsel for the Revenue that since the period for issuing a notice to the Assessee under Section 143(2) of the Act had already elapsed, and the Assessi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Revenue is that a return of income was furnished by the Assessee and before any assessment was framed, it was noticed by the Assessing Officer that the Assessee had understated its income and claimed excessive deduction in the return and, therefore, action could be taken under Section 147 and 148 of the Act. Consequently, the conclusion arrived at by the Tribunal was incorrect. 10. We ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccasion for the Assessing Officer to conclude that income had already escaped assessment. 12. This being the position, we are of the opinion that no substantial question of law that arises for our consideration and we do not find any error in the view that has been taken by the Tribunal in this regard. Consequently, the appeal is dismissed. 13. Learned counsel for the Revenue would like us ..... X X X X Extracts X X X X X X X X Extracts X X X X
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