Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (4) TMI 2020 - AT - Income TaxValidity of Reopening of assessment u/s 147 - notice u/s 148 was not issued at the correct address of the assessee and the same could not be said to have been issued within the outer time limit provided u/s 149 of the Act which was 31/03/2015, being the expiry of 6 years from the end of relevant AY i.e. 2008-09 - HELD THAT:- Upon combined reading of Section 149 & Section 148, we find that notice could not be issued to the assessee beyond a period of 6 years from the end of relevant AY which, in the present case, expired on 31/03/2015. Section 148 mandates revenue to serve upon assessee the requisite notice before proceeding to make any assessment / reassessment or re-computation. Upon careful perusal of chronology of events as enumerated in the preceding paragraphs, we find that there was no service of notice u/s 148 by the revenue on assessee in the present case and the primary condition to invoke reassessment jurisdiction, against the assessee, remained unfulfilled. The non-service of notice, in our opinion, was not merely a curable procedural defect but primary requirement under law, without fulfilment of which the revenue could not be empowered to trigger re-assessment proceedings against the assessee. Thus we hold that in the absence of service of notice u/s 148, reassessment jurisdiction as acquired by Ld. AO could not be sustained in law which left us with no option but to quash the reassessment proceedings. - Decided in favour of assessee.
|