2007 (11) TMI 327

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..... In ground Nos. 1 and 2 of the appeal the assessee has disputed the validity of reassessment proceedings. 3. The learned Authorised Representative submitted that the notice under s. 148 of the Act has been issued on 27th March, 2006 i.e. after the expiry of four years from the end of the relevant assessment year under consideration. He submitted that the original return filed by the assessee w....

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....ence the assessment is not a valid assessment. On the other hand the learned Departmental Representative in support of her (sic) submission relied on the orders of the authorities below and submitted that the notice has been issued after the necessary satisfaction of the Addl. CIT. Hence the notice is a valid notice. 4. I have carefully considered the submissions of the representatives of the p....

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....ince, in this case there was no prior assessment under sub-s. (3) of s. 143 or s. 147 of the Act, the provision of s. 151(2) of the Act will be relevant to consider the competent authority for issue of notice under s. 148 of the Act as well as to recording satisfaction under sub-s. (2) of s. 151 of the Act and it reads as under: "151. (2) In a case other than a case falling under sub-s. (1), no....

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....ue of such notice. It is further stated that the term of "Jt. CIT" is inter-changeable with the "Addl. CIT" in view of the definition of the term "Jt. CIT" as given in s. 2 (28C) of the Act. 7. It is evident that if under the provisions of the Act an authority is required to exercise his power or to do an act in a particular manner, then that power has to be exercised and the act has to be perf....