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2005 (5) TMI 28 - HC - Income TaxNotices under section 148 – limitation - In the present case, the assessment order which was the subject-matter of appeal before the Commissioner of Income-tax (Appeals) for the assessment year 1980-81 was passed on July 19, 1983. Thus, no proceedings under section 147(b) could be initiated in the assessment years for which period of limitation of four years prescribed under section 149 had expired on that date. The years involved in the present writ petitions are assessment years 1967-68 to 1979-80. The period of limitation of four years prescribed under section 149 for the assessment years 1967-68 to 1978-79 had expired on or before March 31, 1983 which is prior to the date of order dated July 19, 1983. These assessment years are clearly covered within the exception provided by sub-section (2) of section 150, thereby taking them out of the purview of sub-section (1) of section 150. - Consequently, the impugned notices under section 148 dated March 27, 1984, in respect of these assessment years are clearly barred by limitation. The same are quashed
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