TMI Blog1995 (4) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... nexure-7 to the writ application, issued under section 148 of the Income-tax Act, 1961 (hereinafter referred to as " the Act "). Heard learned counsel for the parties. Learned counsel appearing on behalf of the petitioner submitted that the order as contained in annexure-7 to the writ application is without jurisdiction and it cannot be acted upon, inasmuch as in the absence of an assessment m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee is liable to respond to the said notice and furnish a return as required under section 148 of the Act. Mr. Prasad further stated that the Assessing Officer before issuing the purported notice as contained in annexure-7 to the writ application has recorded reasons and the instant application is, therefore, misconceived. In this case, it appears that the petitioner has filed its income-tax re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r section 148 of the Act was issued. The contention of learned counsel appearing on behalf of the petitioner that notice under section 148 of the Act could not have been issued without there being an assessment made under section 143(1)(a) and section 143(3) of the Act is. equally not tenable. Explanation 2(b) to section 147 of the Act deals with a situation where a return of income has been fur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s as follows : " For the purposes of this section, the following shall also be deemed to be cases where income chargeable to tax has escaped assessment, namely, . . . (b) where a return of income has been furnished by the assessee, but no assessment has been made and it is noticed by the Assessing Officer that the assessee has understated the income or has claimed excessive loss, deduction, al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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