Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2017 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (5) TMI 1776 - HC - Income TaxReopening of assessment u/s 147 - AO processed the return u/s 143(1)(a) - statutory provisions which was made applicable under section 143 at the relevant time which is produced on record and subsequent amendment - HELD THAT:- It will not be out of place to mention that order under section 143 was confirmed on August 11, 2000 when the return was filed and the notice which is impugned under section 148 came to be issued before the assessment could have been done. The contention of the assessee that in the notice which has been issued under section 148, ingredients under section 148 are not fulfilled, in our considered opinion, when an order under section 143 is passed, the observations which are made in the case of Rajesh Jhaveri [2007 (5) TMI 197 - SUPREME COURT] in para Nos. 11, 12 and 13 as reproduced hereinabove would apply. The contention raised by the counsel for the appellant is required to be accepted in view of the observations made by the Delhi High Court in KLM Royal Dutch Airlines [2007 (1) TMI 138 - DELHI HIGH COURT] We are of the opinion that the Tribunal has seriously committed an error in upholding the notice under section 148 when the officer has regularly framed assessment. The view taken by the Commissioner of Income-tax (Appeals) is required to be accepted. - Decided in favour of assessee.
|