1999 (8) TMI 58

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....KATARAMA REDDI J.---Questioning the notice dated March 30, 1988, issued by the respondent in purported exercise of power under section 148 read with section 147 of the Income-tax Act, 1961, the present writ petition was filed in the year 1988. Further proceedings pursuant to the notice were stayed by this court. The undisputed facts are that on July 2, 1982, a search was conducted by the Depart....

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....e assessee's appeal was also remanded to the assessing authority for fresh determination. That order has become final. On February 19, 1988, the respondent passed an order determining the taxable income at Rs. 15,11,370. A month later, the successor Assessing Officer has issued the impugned notice under section 148 of the Act. No counter is filed on behalf of the Department. However, learned st....

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....anted and beyond the jurisdiction of the respondent. The reasons given in the file make it clear that the proposed reassessment is in negation of the principle of finality of the decision of the Tribunal and the implied bar against the initiation of reassessment proceedings on the same set of facts twice over. The respondent over-stepped his jurisdiction in seeking to make a reassessment as if not....