https://www.taxtmi.com/caselaws?id=293133 Reassessment under section 34 of the Income-tax Act, 1922 was held barred by limitation because the original assessment year had long since closed before the notice under section 34(1)(b) was issued. The Court held that a later amendment to the limitation provision could not revive a reopening right that had already expired, and that the unamended proviso did not authorise reassessment against a different person merely because the liability arose from proceedings involving another assessee. The attempt to justify the action as rectification under section 35 also failed, as the impugned action had in fact been taken only under section 34. The reference was answered against the Revenue, with costs to the assessee. en-us Wed, 23 Mar 1960 00:00:00 +0530 Mon, 25 Jan 2021 12:59:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=293133 Reassessment under section 34 of the Income-tax Act, 1922 was held barred by limitation because the original assessment year had long since closed before the notice under section 34(1)(b) was issued. The Court held that a later amendment to the limitation provision could not revive a reopening right that had already expired, and that the unamended proviso did not authorise reassessment against a different person merely because the liability arose from proceedings involving another assessee. The attempt to justify the action as rectification under section 35 also failed, as the impugned action had in fact been taken only under section 34. The reference was answered against the Revenue, with costs to the assessee. Case-Laws Income Tax Wed, 23 Mar 1960 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=293133