TMI Blog2003 (2) TMI 427X X X X Extracts X X X X X X X X Extracts X X X X ..... venue and the same are being disposed of by the common order for the sake of convenience. 2. First we take up the appeal of the assessee. The main ground of the assessee is that the proceedings under section 147 were illegal and void ab initio. At the outset, it has been pointed out by the learned Counsel for the assessee Mr. Manjani that the return of income for assessment year 1993-94 was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmission, I find substantial merit in the legal contention raised by the learned Counsel for the assessee since such contention is fully substantiated by the decision of Supreme Court relied on by him. In the present case, the notice under section 148 was issued without disposing of the return filed by the assessee. Respectfully following the Supreme Court judgment, it is held that notice under s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich the return was filed. On the basis of the facts on record, the assessment could be completed by 31-3-1996. Since the assessment was completed on 25-3-1997, the assessment was illegal, being time barred. Consequently, the order of CIT(A) is set aside and the assessment framed by the Assessing Officer is hereby quashed. 5. In view of the above discussion, the departmental appeal does not sur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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