Case Law Details
Brief Facts of the Case and Question of Law
Brief Facts
The brief facts of the case are that for Assessment Year (AY) 2002-03, the assessee had filed its returns in a normal course on 16.10.2002. The assessment was framed under Section 143(1). Based upon information received by the Assessing Officer (AO), a satisfaction note was recorded sometime in early 2009 and a notice was issued in 2009 i.e. four years beyond the end of the assessment year, under proviso to Section 147(1). The re-assessment proceedings were completed on 31.12.2009. The assessee in its appeal urged that the notice under Section 147 was unsustainable for the reason it was not approved by the competent authority in accordance with Section 151 of the Act.
Question of Law
Whether notice under section 148 can be issued by Commissioner who is ranked higher in authority than the required Joint Commissioner authority as mentioned in law?
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