2013 (2) TMI 20

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.... JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. This writ petition is directed against the notice dated 28.03.2012 under section 148 of the Income Tax Act, 1961 (hereinafter referred to as „the said Act‟) whereby the assessment for assessment year 2005-06 is sought to be reopened. The petitioner on receipt of the said notice filed its objections on 08.05.2012. But, those objections ....

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........... (c) where the assessment has been made, but i) income chargeable to tax has been under assessed; or ii) such income has been assessed at too low a rate or iii) such income has been made the subject of excessive relief under this Act; or iv) excessive loss or depreciation allowance or any other allowance under this Act has been computed:"   In view of explanation 2 (c....

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.... satisfied and, therefore, the said notice is bad in law. 4. The learned counsel for the respondent/ revenue sought to support the issuance of the notice under section 148 of the said Act on the ground that it was a case of escapement of income as indicated in the notice itself. He also sought to rely on Explanation 2 in section 147 of the said Act. 5. We have considered the arguments advanc....

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.... truly all material facts necessary for the assessment for that assessment year. In this matter it is not the case of the revenue that the assessee had failed to file the return under any of the provisions. Therefore, the only way in which the notice under section 148 of the said Act beyond the period of four years, could be justified would be if there was failure on the part of the assessee to di....