TMI Blog2016 (4) TMI 1365X X X X Extracts X X X X X X X X Extracts X X X X ..... e, the Assessing Officer has no jurisdiction to bring to tax income earned/received from any other source by the assessee. This is a jurisdictional requirement as held by this Court in Jet Airways [ 2010 (4) TMI 431 - HIGH COURT OF BOMBAY] . In view of the fact that the issue arising herein stands concluded by the decision of this Court in Jet Airways (supra) no substantial question of law arise for our consideration. - INCOME TAX APPEAL NO.2410 OF 2013 - - - Dated:- 12-4-2016 - MR M. S. SANKLECHA AND MR A. K. MENON, JJ. For The Appellant : Mr. Tejveer Singh For The Respondent : Mr. P. J. Pardiwalla, Senior Counsel, a/w Jas Sanghvi and A. Desai i/b. PDS Legal ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00, 00-01, 01-02, 02-03 and 03-04. Notice u/s 148 of I.T. Act is, therefore required to be issued in this case. 2. As per section 151(2) of the I.T. Act, no notice u/s 148 may be issued by an officer below the rank of JCIT after four years from the end of assessment year. The Addl. DIT, Rg. 3 may kindly approve the proposal for issue of notice u/s 148 for A.Y. 98-99 and 99-00. 3. Submitted for kind consideration and approval. Sd/- Rahul Navin. 4. Consequent to the notice dated 31st March, 2005 the Assessing Officer completed the reassessment by order dated 20th March, 2006 under section 143(3) read with section 147 of the Act. In the above order dated 20th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bove, no other income can be brought to tax in the order passed on assessment. However, the CIT (Appeals) sustained the order dated 20th March, 2006 of the Assessing Officer. 6. On further appeal to the Tribunal the impugned order placed reliance upon the decision of this Court in CIT Vs. Jet Airways (I)Ltd. (2011) 331 ITR 236 to hold that where no income has been assessed on the basis of the reasons recorded at the time of issuing the reopening notice, it is not open to the Assessing Officer even after invocation of Explanation 3 to section 147 of the Act to bring to tax any other income. In this case, the impugned order observes that the reasons recorded at the time of initiation of the reopening proceedings was escape ..... X X X X Extracts X X X X X X X X Extracts X X X X
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