TMI Blog2005 (8) TMI 99X X X X Extracts X X X X X X X X Extracts X X X X ..... sue such notice. Thirdly, the notice contains reasons as required under section 148 and which are supplied to the petitioner and lastly on the strength of the material collected in the raid conducted on October 8, 2003, in the premises of the petitioner a formation of belief for escape assessment could validly be formed for reopening of assessment made for the year 1997-98. Indeed as observed supra, the petitioner did not challenge the notice on any of these grounds which alone could be made the basis to challenge the impugned notice it being issued under section 148 ibid and hence, there is no difficulty in upholding the impugned notice which is rightly issued in conformity with the requirement of section 148 ibid. Thus, I do not find any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... question, i.e., 1997 -98. In other words, what is contended on behalf of the petitioner is that since the impugned notice is founded on the raid conducted in the petitioner's premises on October 8, 2003, in accordance with the provisions of section 132 ibid and hence, the notice for reassessment could be issued and confined to six assessment years as provided in section 153A(a) of the Act. It is contended that the six years for reopening of assessments in the case of the petitioner would be up to assessment year 1998-99 and hence, notice issued under section 148 for the assessment year 1997-98 is bad being beyond the six year's period prescribed under section 153A ibid. It is further contended that in a case of raid, the reassessme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sdiction to issue notice of reassessment for the assessment year 1997-98 by taking recourse to the provisions of section 148 ibid. In reply, learned counsel for the Revenue supported the issuance of the impugned notice. 8. Having heard learned counsel for the parties and having perused the record of the case, I find no merit in these writs. As a consequence, the writ is liable to be dismissed. 9. In my considered opinion, the Assessing Officer was justified in issuing notice of reassessment under section 148 of the Act for the assessment year 1997-98. In a case of this nature, what is required to be seen is, whether notice issued under section 148 satisfies the requirement contained in section 148 or not. In other words, in order to decide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttedly, the Assessing Officer has issued notice of reassessment under section 153A in respect of six assessment years i.e., 1998-99 to 2003-04 whereas he (Assessing Officer) has issued the impugned notice of reassessment for the assessment year 1997-98 under section 148 which is the subject-matter of this writ. 13. I was not impressed by the submission of learned counsel for the petitioner when he strenuously urged that in cases of search, section 148 has no application and secondly, no order for reassessment can be passed beyond six years as provided in section 153A ibid. 14. As I have observed supra, section 148 being an independent section, powers exercised by the Assessing Officer cannot be curtailed if the impugned notice otherwise sat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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