AJAY KUMAR SHARMA Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) These writ petitions are directed against the notices issued under section 148 (all dated 16.12.2011) intending to re-open assessments pertaining to the assessment years 2005-06 to 2008-09. Insofar as the assessment year 2007-08 is concerned, a regular assessment had not been completed under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as 'the said Act') and only an intimation under section 143(1) had been sent. As regards the other three years, assessment orders had been framed under section 143(3) of the said Act.

(2.) In assessment year 2005-06, the assessment was framed on 29.03.2007. Similarly, for assessment years 2006-07 and 2008-09 the assessment orders were passed on 26.12.2008 and 30.12.2010, respectively. It should also be pointed out that insofar as the impugned notices relate to the assessment years 2005-06 and 2006-07, they have been issued beyond the period of four years from the end of the respective assessment years and therefore the proviso to section 147 of the said Act would be attracted.

(3.) The learned counsel for the petitioner drew our attention to the proceedings pertaining to the assessment year 2005-06 which was the first year in which the petitioner had made a claim of deduction under section 80-IC of the said Act inasmuch as there was a substantial expansion in the plant and machinery during the financial year 2004-2005. The petitioner manufactures 'PET' bottles.