Pending original assessment bars reopening under section 148; invalid reassessment and annulment upheld.

Reassessment under section 148 could not be initiated while the original return was still pending assessment, because reopening is not a lawful substitute for completing the original assessment. The proceedings were based on a later reopening despite the unresolved return, so the notice and ensuing reassessment were invalid. The Tribunal was ? Need English. The Tribunal's annulment of the assessment proceedings was upheld, and no substantial question of law arose.

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Issues: Whether reassessment proceedings under section 148 of the Income-tax Act, 1961 could be initiated when the original return was still pending assessment.

Analysis: The return filed by the assessee was pending and there was nothing to show that reassessment could lawfully be initiated in the midst of the pending original assessment. The subsequent proceedings were founded on the reopening made in 1985, notwithstanding the unresolved original return.

Conclusion: The notice under section 148 and the reassessment proceedings were invalid. The Tribunal was correct in annulling the assessment proceedings, and no substantial question of law arose.

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