1996 (7) TMI 523

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....10-B(3) of the said Act. However, in the present petition the validity of the aforesaid sub-clause is not pressed. Consequently, the petitioners seek quashing of notices dated September 15, 1982 and September 18, 1982 under section 10-B for the aforesaid assessment years in question. 2.. It is relevant that assessment order for the assessment year 1973-74 was passed on September 18, 1976, which is sought to be revised by means of the impugned notice. Similarly for the assessment year 1974-75, the assessment order was passed on September 29, 1976 which is also sought to be revised by means of the impugned notice. In pursuance to the interim order passed by this Court in the present case on September 21, 1982, the Deputy Commissioner (Exec....

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....t one thing is clear, the power under section 10-B could be to test the legality or propriety of any order already passed which could only be based on the material and law which existed then. Section 10-B could be said to be in one sense wider than section 21 as under this section the Commissioner may reassess and re-examine the material and the law as was before such authority. Under section 21 reassessment by fresh appraisal of the original order would amount to change of opinion which is not permissible and which would be beyond the jurisdiction of section 21. Relevant section 10-B(1) is quoted hereunder: "The Commissioner of Sales Tax or such other officer not below the rank of Deputy Commissioner of Sales Tax as may be authorised in....

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.... going on both under section 10-B and under section 21 of the Act. Section 263 of the Income-tax Act, 1922, which is similar to section 10-B of the Sales Tax Act and section 34 of the Incometax Act, 1922, is for reassessment, which is similar to section 21 and equivalent to sections 147 and 148 of the Income-tax Act, 1961. In [1979] 118 ITR 447 (Cal.) (Ganga Properties v. Income-tax Officer) it was held, if after passing of the assessment order certain other material or information has come to the knowledge of the Income-tax Officer, then he can take proceedings for reassessment under section 34, but no proceedings under section 263 can be initiated by Commissioner of Income-tax for revising the said order of assessment. 7.. In [1995] 96....