2013 (4) TMI 424

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.....K. Upadhaya ORDER (Delivered by Prakash Krishna, J.) Both these writ petitions were heard together and are being disposed by a common judgment as a common question of law and fact are involved. The writ petition no.1311 of 2005 relates to the assessment year 1999-2000 and the another writ petition is for the Assessment Year 2000-2001. The petitioner filed return of the income for these two ....

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....at the reassessment was initiated without serving a valid and proper notice and the notice is ambiguous. Subsequent thereto, the impugned notice dated 18.8.2005 under section 148 of the Income Tax Act was issued. Challenging the same on the ground that it is barred by time, the present writ petitions have been filed. Heard Sri Rakesh Ranjan Agrawal and Sri Suyash Agrawal, learned counsel for the ....

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....ng the reasons has validly initiated reassessment proceedings which is not barred by time or by any statutory provision. Considered the respective submissions of the learned counsel for the parties and perused the record. So far as recording of reasons is concerned, the learned counsel for the petitioner has not submitted before us that the reasons recorded by the authority are insufficient to f....

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....tices have been issued within a period of six years from the end of the assessment years i.e. 1999-2000 & 2000-2001 as the impugned notices are dated 18.8.2005 for both the assessment years which is within a period of six years from the year 1999. The twin conditions that the escapement assessment is more than Rs. One Lakh and that a notice can be issued within a period of six years from the end o....