TMI Blog2022 (7) TMI 224X X X X Extracts X X X X X X X X Extracts X X X X ..... t the authorities intend to reopen the assessment to determine to escaped income for the assessment year 2015-2016. The authorities get the jurisdiction to reopen the assessment upon issuance of a notice as contemplated under Section 148 and by the first notice, the authorities have invoked their jurisdiction to reopen the assessment for the assessment year 2015-2016 and not 2010-2011. With regard to the assessment year 2010- 2011, it can be said that the authorities have sought to invoke their jurisdiction by issuance of notice dated 11.04.2017 which is styled as corrigendum. By the said corrigendum, it cannot be said that it has sought to cure a procedural irregularity as contemplated under Section 292- B of the Income Tax Act, 1961 and i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce dated 31.03.2017, which reads as under:- Whereas I have reason to believe that your income chargeable to tax for the assessment year 2015-16 has escaped assessment within the meaning of section 147 of the Income-tax Act. I, therefore, propose to assess the income under section for the said assessment year and hereby required you to deliver to me a return in the prescribed form of your income for the said assessment year within 30 days from the date of service of this notice. This notice is being issued after obtaining the necessary approval of the Commissioner of Income-tax (International Taxation), Bangalore. 5. Thereafter on 11.04.2017, the authorities have issued a corrigendum which reads as under:- This is wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 11.04.2017 has to be considered as a fresh notice and it cannot be a corrigendum to the earlier notice. What is sought to be corrected is not a mere procedural irregularity as contemplated under Section 292- B of the Income Tax Act, 1961 but a material mistake. On the said ground, it is contended that even presuming the date of issuance of first notice is dated 31.03.2017, issuance of the second notice in the style of corrigendum which is admittedly done on 11.04.2017 is time barred. 11. The first notice categorically states that the authorities intend to reopen the assessment to determine to escaped income for the assessment year 2015-2016. The authorities get the jurisdiction to reopen the assessment upon issuance of a notice as con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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