TaxTMI 
TaxTMI 
2014 (11) TMI 50
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....s contained in Tax Appeal No. 1353 of 2007 shall be taken into consideration : 2.1 The Revenue has preferred these appeals raising the following substantial question of law for our consideration : "Whether the Appellate Tribunal was right in law and on facts in confirming the order passed by the Commissioner of Income-tax (Appeals) annulling the reassessment order passed under section 143(3) read with section 147 of the Act as bad in law on the ground that notice under section 143(2) was not issued within the prescribed time ?" 3. We have heard learned counsel, Ms. Mauna Bhatt, for the Revenue and Shri R. K. Patel for the assessee-respondent. 4.....
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....n 142(1) and section 143 for completing the assessment requires to be carried out. It eventually concluded that if the return is filed under section 148 the requirement of issuance of notice under section 142(2) of the Act within a year of filing of the return cannot be on the ground that the assessment framed was without issuance of notice under section 143(2) within the stipulated period of 12 months of filing of the return, it did not sustain assessment. 6. When challenged before the Tribunal, it also concurred with the view of the Commissioner of Income-tax (Appeals). Therefore, the present appeals by the Revenue challenging these concurrent findings. The Tribunal exhaustively dealt with this issue and referred to various pronounceme....
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.... it necessary or expedient to ensure that the assessee has not understated the income, or has not computed excessive loss, or has not under-paid tax in any manner, he shall serve on the assessee a notice requiring him either to attend his office, or to produce, or cause to be produced there, any evidence on which the assessee may rely in support of the return. Therefore, the language of the main provision requires Assessing Officer to prima facie arrive at satisfaction of existence of any one of the three conditions. Proviso under the said sub-section states : 'provided that no notice under this sub-section shall be served on the assessee after the expiry of twelve months from the end of the month in which the return is furnished'. ....
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....the expression 'so far as may be apply' indicates that it is not expected to follow the provisions of section 142, sub-sections (2) and (3) of section 143 strictly for the purpose of block assessments. We do not agree with the submissions of the learned counsel for the Revenue, since we do not see any reason to restrict the scope and meaning of the expression' so far as may be apply'. In our view, where the Assessing Officer in repudiation of the return filed under section 158BC(a) proceeds to make an enquiry, he has necessarily to follow the provisions of section 142, sub-sections (2) and (3) of section 143." 9. In the instant case, we notice that both the Commissioner of Income-tax (Appeals) and the Tribunal have held t....