2008 (3) TMI 38

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....s of law: - "a)Whether on the facts and in the circumstances of the case , the Hon'ble ITAT was right in law in holding that issue of notice u/s 148 was invalid and that the assessment so framed lacks jurisdiction ?  b) Whether on the facts and in the circumstances of the case , the Hon'ble ITAT was right in law in holding that the Assessing Officer was not right in issue of notice u/s 148 without framing the assessment in response to the earlier notice issued u/s 142(1) of the Income Tax Act on 23.2.2000, though no valid return was filed by the assessee in response to notice dated 23.2.2000 and the return filed by the assessee on 18.10.2001 was treated as invalid return and was filed." The assessee did not furnish his return ....

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....d this fact is no more in dispute . b)   That no assessment order was at all framed to conclude the proceedings initiated u/s 142(1). c)   That the AO did not have any information on record regarding the initiation of proceedings u/s 142(1) prior to this fact having brought on record by the appellant. d)   That there was no escapement of income once the return had been duly filed. e)   And for once return having so filed in response to the proceedings pending u/s 142(1), the question of initiating action u/s 147 read with Section 148 could not arise." In view of these undisputed facts, the Commissioner of Income Tax(Appeals) held that the notice under section 148 of the Act was a invalid n....

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....ed the present appeal in this Court.  Shri Yogesh Putney, Advocate, learned counsel for the Revenue has vehemently argued that the assessee did not file any return of income in response to notice dated 23.2.2000 issued under section 142(1) of the Act by 31.3.2001and the return filed by the assessee on 18.10.2001 was not a valid return and therefore, the said return was treated as invalid return by the Assessing Officer and on the basis of the details and information on record, the Assessing Officer has reason to believe that assessee's income for the year under consideration had escaped assessment and therefore, a valid notice under section 148 of the Act was issued to the assessee on 21.11.2002 after recording reasons in writing.&nbsp....