Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2023 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (6) TMI 76 - AT - Income TaxReopening of assessment u/s 147 - AO jurisdiction to re-open the assessment when normal procedure of assessment of income u/s. 143(3) was available which are otherwise within time - whether the assessment could be reopened by the issuance of notice u/s. 148 of the Act prior to the expiry of time limit for issuance of notice u/s. 143(2)? - HELD THAT:- This issue is no longer res integra in view of the decision of the Hon’ble Jurisdictional High Court in the case of Smt Suman [2017 (8) TMI 567 - BOMBAY HIGH COURT] time to issue notice under Section 143(3) of the Act had expired, it is only thereafter that the AO could have reason to believe that the income chargeable to tax has escaped assessment. It is in such cases that the Assessing Officer would not be prohibited under Section 147/148 of the Act from seeking to recover tax on income which has escaped assessment. It is clear that no reassessment proceedings can be initiated so long assessment proceedings on the basis of return of income filed by the assessee is pending. The assessment proceedings would cease to be pending either by passing of an order under Section 143(3) of the Act or by expiry of time to issue a notice under Section 143(2) of the Act, to complete an assessment under Section 143(3) of the Act. So long as the above event has not passed, the Assessing Officer cannot render the provision of Section 143(2) of the Act redundant/otiose by issuing a notice for reopening an assessment under Section 147/148 - Decided in favour of assessee.
|