Reassessment notice beyond statutory time limit fails without required Commissioner authorization and lacks jurisdiction.

A reassessment notice issued after the normal two-year period from the end of the relevant assessment year was held invalid because the statutory proviso permitting an extended period required prior Commissioner authorization. For assessment year 2005-06, no such authorization was shown in the counter-affidavit, so the notice was beyond the prescribed time limit and lacked jurisdiction. The notice was therefore set aside for limitation and jurisdictional defect.

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Issues: Whether the notice of reassessment was without jurisdiction and barred by limitation for having been issued beyond the prescribed period without the Commissioner's authorization under the statutory proviso.

Analysis: The reassessment provision barred an order of reassessment after two years from the end of the relevant assessment year, subject to an extended period only where the Commissioner had authorized action in the manner provided by the proviso. The assessment year being 2005-06, the notice issued after the expiry of the normal period could stand only if the required permission had been obtained. No such authorization was shown in the counter-affidavit, so the notice was beyond the statutory time limit and lacked jurisdiction.

Conclusion: The notice of reassessment was invalid for limitation and jurisdictional defect and was set aside.

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