2012 (8) TMI 613

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..... d April 20, 2004, passed by the Income-tax Appellate Tribunal, Allahabad. The appeal has been admitted on the following substantial questions of law :   "1. Whether, upon the facts and circumstances of the case, the Tribunal was justified in holding the single notice issued under section 148 for four assessment years as valid ?   2. Whether, upon the facts and circumstances of the case .....

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..... The appellant acts as an agent of the post office and gets commission and incentive bonus in respect of the various saving schemes implemented by the post office. For the assessment year 1995-96, he had filed his return of income declaring an income of Rs. 43,740. A combined notice under section 148 of the Act was issued for four assessment years, i.e., 1994-95 to 1997-98 calling upon the appella .....

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..... the notice issued under section 148 of the Act as also the genuineness of notice under section 143(2) of the Act on the ground that in the absence of both the notice or any one of them, the entire proceedings were vitiated and without jurisdiction. The Tribunal has repelled both the contentions.   We have heard Shri Shakeel Ahmad, learned counsel for the appellant and Shri Dhananjay Awasthi, .....

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..... axability of the incentive bonus. Shri Dhananjay Awasthi submitted that as the assessee was the same and the issue involved, which related to the escapement of the assessment, the Assessing Officer was perfectly justified in issuing one composite notice for all the four assessment years and, therefore, the proceedings have been validly initiated. He further submitted that the notice/letter dated J .....

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..... been escapement of income, the Assessing Officer is obliged to issue separate notice for each assessment year. The Assessing Officer in the present case admittedly has not issued separate notice under section 148 of the Act and instead had issued a composite notice which does not meet the requirement of section 148 of the Act. Thus, the entire reassessment proceedings are wholly without jurisdicti .....

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