IDEA CELLULAR LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 Vs. THE DEPUTY COMMISSIONER OF INCOME TAX, RANGE 3(2)

JUDGEMENT

(1.) This petition filed by Idea Cellular Ltd., (hereinafter referred to as the "petitioner") impugns a notice dated 26.3.2007 issued by respondent no.1 under Section 148 of the Income Tax Act, seeking to re-open the petitioners' assessment for the assessment year 2001-2002. It also impugns a further order dated 13.12.2007 issued by respondent no.1 rejecting the objections raised by the petitioner to the re-opening of the assessment.

(2.) The brief chronological facts of the case are as under :-

(3.) The first point that was argued was that this was a case where an assessment was sought to be reopened after the expiry of 4 years from the end of the relevant assessment year. The assessment year in question was 2001-2002 and the notice under Section 148 had been issued in the year 2007. It was contended that the proviso to section 147 of the Income-tax Act provides that where an assessment under section 143(3) of the Act has been made for the relevant assessment year, no action shall be taken under section 147 after the expiry of four years from the end of the relevant assessment year unless any income chargeable to tax has escaped assessment for such assessment year by reason of the failure on the part of the assessee :-