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2022 (12) TMI 225 - HC - Income TaxReopening of assessment u/s 147 - Provision for cases where assessment is in pursuance of an order on appeal, etc. u/s 150 - AO proposed to assess/re-assess the loss/depreciation allowance - HELD THAT:- The provisions of sub- section (1) shall not apply in any case where any such assessment, reassessment or recomputation as is referred to in that sub-section relates to an assessment year in respect of which an assessment, reassessment or recomputation could not have been made at the time the order which was the subject-matter of the appeal, reference or revision, as the case may be, was made by reason of any other provision limiting the time within which any action for assessment, reassessment or recomputation may be taken. From a perusal of sub-section (1) of Section 150 of the Act, we find that the said provision is basically to be employed along with Section 148 of the Act to give effect to orders passed in appeal, reference or revision. It is not intended to re-open an assessment. Already order of the Tribunal has been given effect to by the assessing officer for the assessment year 1995-96 by the consequential order dated 21.12.2005. That being the position, it was not open to the assessing officer to have once again issued a notice under Section 148 r.w.s. 150 of the Act to reopen the assessment for the assessment year 1995-96, that too, on a different issue unconnected with the order of the Tribunal. We further find that the impugned notice has been issued after almost a period of nine years from the date of passing of the assessment order - That being the position, we are of the view that the impugned notice dated 20.03.2007 issued by respondent No.1 is without jurisdiction. The same is hereby set aside and quashed. WP allowed.
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