COMMISSIONER OF INCOME TAX Vs. CHANDRA AGENCIES

JUDGEMENT

(1.) On 25th February, 2008 it was recorded by this Court that the only question raised in these appeals is whether the notice was affixed at the latest and correct address of the Assessee. We treat these appeals admitted on this issue and proceed to decide.

(2.) All these three appeals arise out of the common judgment of the Tribunal whereby the Tribunal has quashed the reassessment done by the Assessing Officer under Section 147/148 of the Income-Tax Act primarily on the ground that there was no valid service of notices under Section 148 of the Act upon the Assessees herein. M/s Chandra Agencies, one of the Assessees was the partnership firm at the relevant time and other two Assessees were its partners. That is how all these cases are inter-related.

(3.) Brief facts, which need to be noted in this regard are that the case pertains to the assessment year 1985-86. In this year, the normal assessment was carried out and completed under Section 143(1) of the Act on 10th June, 1987 on the return income filed by the Assessee in the status of the registered firm. The Assessing Officer wanted to reopen the assessment and for this purpose, notice under Section 148 of the Act was prepared and issued on 27th March, 1995 after obtaining the approval from the Commissioner of Income TaX-VIII, New Delhi. It is the case of the Assessing Officer that the same were served through Process Server/Inspector by affixation at the following last known address of the firm on 29th March, 1995: