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2016 (10) TMI 395 - KERALA HIGH COURT

2016 (10) TMI 395 - KERALA HIGH COURT - TM - Reopening of assessment - Held that:- In an instance where the Department comes to a conclusion that the tax has escaped assessment for any assessment year, it is well within the powers of the Department to issue notice under Section 148 within the specified time. Insofar as the petitioners are concerned, notices had been issued within the specified time on the basis that there is reason to believe that the tax has escaped assessment. Under such circu .....

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his Court in Kerala Electricity Officers Federation and Others v. Central Board of Direct Taxes and Others [2005 (7) TMI 87 - KERALA High Court ], which squarely applies to the facts of the present case in which this Court after considering the question of exemption under Section 88 of the Act in similar situations held that the amount received as arrears of salary, even if deposited in the PF account, is not entitled for full exemption whereas exemption will be available for the arrears of sala .....

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ort). 2. The issue relates to the arrears of salary obtained by the petitioners. The entire arrears of salary was deposited in the Provident Fund and the petitioners claimed exemption from deduction under Section 88 of the Act. Though initially orders were passed granting benefits to the petitioners, later the assessment was reopened by issuance of notice under Section 148 r/w. Section 147 of the Act and it was held that the petitioners will be entitled to get exemption only for that particular .....

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n Bench of this Court had observed in similar instances that proceedings under Section 147 cannot be taken to reopen the assessment the orders of CIT (Appeals) which were decided against the Department, the same principle has to be adopted as far as the petitioners' case are also concerned. 4. On the other hand, the learned Standing Counsel appearing for the respondents submits that there is factual difference arising in the matter. It is pointed out that as far as the judgment in Writ Appea .....

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d by this Court in Kerala Electricity Officers Federation and Others v. Central Board of Direct Taxes and Others [2005] 279 ITR 482 (Ker) in which this Court after considering the question of exemption under Section 88 of the Act in similar situations held that the amount received as arrears of salary, even if deposited in the PF account, is not entitled for full exemption whereas exemption will be available for the arrears of salary received in respect of the particular year for which the asses .....

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essment orders on the ground that the petitioners are entitled to claim the benefit of exemption or whether the reopening of the assessment in terms of Section 147 and 148 is bad in law. 7. Section 147 reads as under : 147. If the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may, subject to the provisions of sections 148 to 153, assess or reassess such income and also any other income chargeable to tax which has esca .....

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