COMMISSIONER OF INCOME-TAX Vs. MANI KAKAR

JUDGEMENT

(1.) THIS appeal pertains to the assessment year 2001 -02 and is directed against the order dated 15 -2 -2008 passed by the Income -tax Appellate Tribunal in ITA 4828/Delhi/2004. The only issue that is sought to be raised in this appeal pertains to the question of notice under Section 147/148 of the Income -tax Act, 1961 (hereinafter referred to as the 'said Act').

(2.) THE assessment had been re -opened and an assessment order had been framed. Being aggrieved, the assessee preferred an appeal before the Commissioner of Income -tax (Appeals), which was also dismissed. Before the Tribunal, the assessee raised the point of jurisdiction inasmuch as according to the assessee no notice under Section 148 had been issued/ served upon the assessee and, therefore, all subsequent proceedings including the framing of the reassessment order, according to the assessee, were liable to be set aside. The Tribunal permitted the assessee to take the additional plea before it inasmuch as it was a jurisdictional plea which went to the root of the matter. After examining the issue on facts, the Tribunal concluded that there was no service of notice on the assessee under Section 148. Consequently, the Tribunal held that the assessment made under Section 147/143(3) was bad in law and the same was liable to be quashed.

(3.) HOWEVER , we feel that no reliance on that provision can be placed for two reasons. The first reason being that the said provision is not applicable to the assessment year 2001 -02. The second reason being that this argument was not at all being raised before the Tribunal. In fact, the argument could not have been raised before the Tribunal because the amendment itself was introduced subsequent to the passing of the order, which is impugned herein)