https://www.taxtmi.com/caselaws?id=37383 Explanation 3 to section 153(3) of the Income-tax Act, 1961 applies only where the assessee whose income is sought to be reassessed itself had an opportunity of being heard before the earlier order was passed. The Bombay High Court treated a company as a separate taxable entity and held that examination of its director in another assessee's proceedings did not satisfy that condition. Because the company was not called upon to participate in the earlier proceedings as such, the deeming exception did not operate and the reassessment notice remained time-barred. The notice was quashed. en-us Thu, 02 Mar 1978 00:00:00 +0530 Mon, 29 Mar 2010 13:19:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=37383 Explanation 3 to section 153(3) of the Income-tax Act, 1961 applies only where the assessee whose income is sought to be reassessed itself had an opportunity of being heard before the earlier order was passed. The Bombay High Court treated a company as a separate taxable entity and held that examination of its director in another assessee's proceedings did not satisfy that condition. Because the company was not called upon to participate in the earlier proceedings as such, the deeming exception did not operate and the reassessment notice remained time-barred. The notice was quashed. Case-Laws Income Tax Thu, 02 Mar 1978 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=37383