2024 (3) TMI 1080

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....t / Order / Decisions)<br>Dated:- 18-3-2024<br>WRIT PETITION NO. 3250 OF 2022 - -<br>Income Tax<br>K. R. SHRIRAM & DR. NEELA GOKHALE, JJ. For the Petitioner : Mr. Mihir Naniwadekar, i/by Mr. Ruturaj Gurjar. For the Respondents-Revenue : Mr. Akhileshwar Sharma. ORAL JUDGMENT :- &nbsp; (PER K.R.SHRIRAM, J.) 1. The issue in this Petition is very short. In this case, assessee had filed ....

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....o tax are almost identical to the reasons based on which the order under Section 263 of the Act came to be passed. 2. Mr. Naniwadekar submits, as per the 3rd proviso to Section 147 of the Act, which was in force at the relevant time, i.e., before 1st April 2021 amendment provides "..........Provided also that the Assessing Officer may assess or reassess such income, other than the income involv....

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....ich were the subject matter of revision under Section 263 of the Act. Further when the order of assessment under Section 143(3) of the Act has been remanded to the AO to enquire into and make a fresh assessment, the question of entertaining reasonable belief that the income chargeable to tax has escaped assessment does not arise, much less the assessment when the assessment proceedings are still p....