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Issues involved: Application u/s 256(2) of the Income-tax Act, 1961 for direction to Tribunal to refer questions of law to High Court regarding annulment of assessment u/s 147/148 and validity of fresh notice u/s 148.
Annulment of Assessment u/s 147/148: The Income-tax Appellate Tribunal dismissed the Revenue's application for reference, stating the answers to the questions were self-evident. Tribunal's decision was based on a thorough discussion of facts and reliance on a Supreme Court judgment. It was noted that the original assessment proceedings were time-barred for both assessment years, rendering the fresh assessment proceedings invalid. The Tribunal concluded that the fresh notices issued under section 148 were improper as they were issued while the original proceedings were still pending. The High Court found no referable questions of law in the Tribunal's decision and upheld the dismissal of the application. Validity of Fresh Notice u/s 148: The Tribunal's decision to not refer the questions to the High Court was deemed justified as the answers were apparent. The Tribunal's reliance on the timing of the fresh notices under section 148, issued while the original proceedings were ongoing, led to the conclusion that the subsequent assessment proceedings were invalid. The High Court concurred with the Tribunal's reasoning and upheld the dismissal of the application, finding no merit in the case. This judgment highlights the importance of procedural compliance and the implications of initiating fresh assessment proceedings while original proceedings are still pending, emphasizing the need for adherence to statutory timelines and due process in tax assessments.
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