TaxTMI 
TaxTMI 
2005 (8) TMI 99
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....fact and law is involved. 2. By filing this writ under article 226/227 of the Constitution of India, the petitioner, an assessee under the Income-tax Act, 1961, seeks to challenge a notice, dated March 24, 2004, (annexure P-2), issued by an Assessing Officer (respondent No.1) under section 148 of the Income-tax Act to the petitioner for making reassessment of the assessment year 1997-98. 3. In the opinion of the Assessing Officer, he has reason to believe that the income of the petitioner (assessee) chargeable to tax for the assessment year 1997-98 has escaped assessment within the meaning of section 148 ibid and hence, impugned notice is issued and served on the petitioner. In support, on being asked by the petitioner, the Assessing ....
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....e of notice under section 148 of the Act. 6. Heard Shri G.M. Chafekar, learned senior counsel with Shri D.S. Kale, learned counsel for the petitioner and Shri R.L. Jain, learned senior counsel with Ku. V. Mandlik, learned counsel for the respondent. 7. Learned counsel for the petitioner in his submission reiterated the aforementioned contentions and urged that the impugned notice being totally without jurisdiction is liable to be set aside. Placing reliance on the decisions rendered in the cases reported in Iridium India Telecom Ltd. v. Motorola Inc. [2005] 2 SCC 145 (para. 34), Orient Paper and Industries Ltd. v. State of Orissa [1991] Supp 1 SCC 81 and Narcotics Control Bureau v. Kishan Lal [1991] 1 SCC 705 and on a passage from the....
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.... it is not necessary to look to the provisions of section 153A ibid because both sections operate in different fields and sphere. Admittedly, the assessment year in question, i.e., 1997-98 does not fall within the six years as per the requirement of section 153A ibid and hence, no action can be taken for making reassessment under section 153A ibid in respect of the assessment year 1997-98. Had it been so, then the question might have arisen as to whether the provisions of section 148 can be resorted to by the Assessing Officer in respect of those six years whose re-assessment is to be made by issuing notice under section 153A ibid or vice versa namely, whether notice under section 153A could be issued in respect of the assessment year 1997-....
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....dition that it must satisfy the requirement specified in section 148 ibid. 15. In view of the aforesaid discussion, I need not elaborately deal with the case law cited by the learned counsel for the petitioner which deals with interpretation of the word "notwithstanding". 16. It is not the case of the petitioner that the impugned notice does not satisfy the requirement of section 148 ibid. On the other hand, it clearly appears that firstly the notice under section 148 could be issued for the assessment year 1997-98 being well within time. Secondly, the Assessing Officer was empowered and had an authority to issue such notice. Thirdly, the notice contains reasons as required under section 148 and which are supplied to the petitioner an....