BALASUBRAMANIAN RAMACHANDRAN Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) THIS writ petition is directed against the notice under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as the "said Act"), which was issued to the petitioner on 28.03.2012 seeking to re -open the assessment which had been completed under Section 143(3) of the said Act on 30.11.2007 in respect of the assessment year 2005 -06.

(2.) IT is evident that the notice under Section 148 was issued beyond the period of four years from the end of the relevant assessment year. Consequently, the first proviso to Section 147 of the said Act would be applicable. The said Section 147 along with the said first proviso reads as under: -

(3.) THE learned counsel for the petitioner submitted that the entire controversy revolves around the deduction which had been claimed and allowed to the petitioner under Section 10A of the said Act in the original assessment order dated 30.11.2007. In the assessment order, it was specifically stated that the assessee company deals in software design, development and modification services and had claimed exemption under Section 10A of the said Act. After making certain disallowances on account of certain other items and examining the return and accompanying documents, the Assessing Officer assessed the profit and gains from business and profession as nil as claimed by the petitioner/ assessee on account of the exemption claimed under Section 10A. The learned counsel for the petitioner also drew our attention to the fact that the computation, accompanying the return, specifically referred to the claim of deduction under Section 10A and also gave the details of such claim.