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TMI Blog2024 (3) TMI 1080X X X X Extracts X X X X X X X X Extracts X X X X ..... >WRIT PETITION NO.3250 OF 2022 - - X X X X Extracts X X X X X X X X Extracts X X X X ..... ch the order under Section 263 of the Act came to be passed. 2. Mr. Naniwadekar submits, as per the 3rd proviso to Section 147 of the Act, which was in force at the relevant time, i.e., before 1st April 2021 amendment provides "..........Provided also that the Assessing Officer may assess or reassess such income, other than the income involving matters which are the subject matters of any appeal, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act. Further when the order of assessment under Section 143(3) of the Act has been remanded to the AO to enquire into and make a fresh assessment, the question of entertaining reasonable belief that the income chargeable to tax has escaped assessment does not arise, much less the assessment when the assessment proceedings are still pending. The concept of reason to believe comes in picture ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ped assessment. Such proceedings, if initiated, will have to be held as invalid, ab-initio, void and illegal. We find support for this view in Ador Technopack Ltd. v. Dr. Zakir Hussein, Deputy Commissioner [2004] 140 Taxman 16 (Bombay). 4. We should also note, Mr. Sharma agrees with Mr. Naniwadekar that the sanction granted under Section 151 of the Act, as held by this Court in J M Financial and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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