Reassessment under section 147 falls outside section 144B, so the extended limitation under section 153 Explanation does not apply.

A reassessment under section 147 is legally distinct from an assessment under section 143(3), so a procedural provision confined by its text to assessments under section 143(3) cannot be extended to reassessment proceedings. On that reasoning, section 144B did not apply to reassessment under section 147, and the extended time-limit in the Explanation to section 153 was likewise unavailable for such proceedings. The Court therefore answered the reference in favour of the assessee and against the Department.

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Issues: Whether the expression "an assessment to be made under section 143(3)" in section 144B of the Income-tax Act, 1961 includes reassessment under section 147, and whether the procedure under section 144B together with the extended time-limit in the Explanation to section 153 applies to reassessment proceedings.

Analysis: The Court held that assessment under section 143 and reassessment under section 147 are different and cannot be treated as one and the same. The language of section 144B was confined to assessments under section 143(3), and that procedure could not be extended to reassessment under section 147. As a result, the extended time-limit contemplated by the Explanation to section 153 was also unavailable for reassessment proceedings under section 147.

Conclusion: The question was answered in the affirmative, in favour of the assessee and against the Department.

Final Conclusion: Reassessment under section 147 was held to lie outside the scope of section 144B, and the special extended limitation under the Explanation to section 153 was not available for such reassessment.

Ratio Decidendi: A reassessment under section 147 is legally distinct from an assessment under section 143(3), so a procedural provision expressly confined to section 143(3) cannot be applied to reassessment unless the statute clearly so provides.

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