2017 (1) TMI 1101

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....upta, Advocates. Respondent Through: Mr. Rahul Chaudhary with Ms. Lakshmi Gurung, Advocate. S. RAVINDRA BHAT, J.(ORAL) 1. In view of the common order we have made today in W.P.(C) 3893-3896/2004, this petition has been rendered infructuous and is, therefore, dismissed. 2. In these petitions, reassessment notice dated 27.11.2002 (in respect of assessment years 1994-95, 1995-96) and 15.0....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....TAT also observed in its order that having regard to the fact that no material was forthcoming which could be assessed for such block assessment if the Revenue was of the opinion that a fresh look was needed it could seek other provisions of the law including reassessment. Those observations formed the basis of the reassessment notice which are challenged in this case. 5. The petitioner contend....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....fter due enquiry. It is emphasized that since regular assessments were completed on 24.03.1999 and 02.03.2000 without making any enquiries in respect of the materials that were disclosed, the Revenue could not again seek to reopen the same on the ground of search and seizure proceedings leading to a failed block assessment. It was argued, in other words that having failed to bring to tax any addit....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sible when looked at from any angle. The period of limitation prescribed by Section 147 (1) in respect of the time within which notice can be issued is absolute and does not call for any exception. Having regard to this incurable nature of the provision, the notice for assessment years 1994-95 and 1995-96 both dated 27.11.2002 have to be quashed. 8. So far as the other two years are concerned, ....