2006 (8) TMI 674 - HC - Income Tax

Court upholds Revenue's appeal on assessment cancellation, cites retrospective amendment validating notices. Case remitted for fresh decision.

The Court upheld the appeal by the Revenue challenging the cancellation of assessment under section 147 of the IT Act by the Income-tax Appellate ... - Issues:1. Validity of cancellation of assessment under section 147 of IT Act.2. Applicability of proviso to section 143(2) for reassessment proceedings.Analysis:1. The appeal by the Revenue challenged the cancellation of assessment under section 147 of the IT Act by the Income-tax Appellate Tribunal. The Tribunal had set aside the assessment on the grounds that the notice issued under section 143(2) was time-barred. However, an amendment in section 148 of the Act by Finance Act, 2006, with retrospective effect from 1st Oct., 1991, added a new proviso. This proviso deemed notices served after the expiry of twelve months specified in section 143(2) to be valid in certain cases. The Court noted that this amendment cured the technical defects for which the Tribunal had set aside the assessment.2. The Court observed that the amendment mentioned above was directly applicable to the case at hand. Despite the efforts of the assessee's counsel to support the Tribunal's decision, they could not dispute the impact of the amendment in rectifying the technical issues leading to the orders being set aside. Consequently, the Court remitted the case back to the Tribunal for a fresh decision on merits in accordance with the law. The appeal was disposed of with directions for further proceedings before the Tribunal on a specified date.In summary, the judgment addressed the issues related to the cancellation of assessment under section 147 of the IT Act and the applicability of the proviso to section 143(2) for reassessment proceedings. The Court highlighted the impact of the retrospective amendment in section 148 that validated certain notices issued beyond the prescribed time limit. The decision emphasized the importance of adhering to legal provisions and directed a fresh consideration of the case by the Tribunal based on merit and in compliance with the law.