2025 (6) TMI 211

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....relevant Assessment Year is 2016-17. 2. Besides challenging the legal issue of reopening of assessment under section 147 of the Act, the assessee also raised an effective ground as to whether the ld. CIT(A) is justified in confirming the addition made towards receipt of foreign income pertaining to previous financial year in the facts and circumstances of the case. 3. Brief facts of the case are that the assessee filed her return of income for the assessment year 2016-17 on 30.07.2016 declaring an income of Rs..5,00,490/-. As per the information available with the Department, the Assessing Officer noted that the assessee was in receipt of foreign income during the financial year 2015-16 relevant to the AY 2016-17 and the said income w....

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....f the assessee and completed the assessment under section 147 of the Act. On appeal, the ld. CIT(A) confirmed the order passed by the Assessing Officer and dismissed the appeal of the assessee. On being aggrieved, the assessee is in appeal before the Tribunal. 4. Before us, the ld. counsel for the assessee has filed paper book of the assessee running into 9 pages containing calculation of foreign income, ITR Form filed in Norway for calendar year 2015 and Indian ITR Form filed for AY 2016-17 and submitted that the Assessing Officer has incorrectly added the income earned in the previous financial year as income of the current financial year and prayed to delete the addition. So far as legal issue raised in the grounds of appeal is concer....

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....eassessment order passed by the Assessing Officer. 6. We have heard both the sides, perused the materials available on record and gone through the orders of authorities below. We note that in order to bring to tax the income chargeable to tax has escaped assessment within the meaning of section 147 of the Act; the Legislature amended the provisions of section 147 to 151 of the Act by Finance Act, 2021. As per clause (b) to sub-section (1) of section 149 of the Act, the time limit for issuing notice under section 148 of the Act is three years, but not more than ten years. We find that as per para 2 and 2.1 of the assessment order, the Assessing Officer issued notice under section 148 of the Act dated 27.04.2021, whereas, on or after 01.04....