Case Law Details
When postal authorities collected notice from revenue on 31-3-2015 (last date of expiry of six years from end of relevant assessment year) as per arrangement between revenue and postal department, though such notice was served to assessee later, such notice under section 148 of Income Tax Act, 1961 was not barred by limitation.
Full Text of the High Court Judgment / Order is as follows:-
1. The petitioner is a company incorporated under the Indian Companies Act, engaged in the business of providing oil field services to various offshore exploration and production companies in India and abroad.
2. In this Writ Petition, the petitioner seeks for issuance of a Writ of Certiorari, to quash the notice issued by the respondent under section 148 of the Income Tax Act, 1961, (Act), dated 31-3-2015, relating to the assessment year 2008-09.
3. Mr. G. Baskar learned counsel for Ms. S. Sriniranjani, learned counsel appearing for the petitioner challenges the impugned proceedings on two grounds, firstly on the ground that the impugned proceedings is beyond the period of limitation and therefore, is without jurisdiction. Secondly, it is contended that in the absence of any allegation of suppression, the question of reopening the assessment does not arise, nor the extended period of limitation could be invoked. In this regard, the learned counsel referred to the first proviso under section 147 of the Act. It was further submitted that the respondent, while communicating the reasons for reopening vide communication dated 9-9-2015, has simultaneously issued notice under section 143(2) of the Act and the same is illegal.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
