ORIENT BEVERAGES LTD Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) In this application under Article 226 of the Constitution, the petitioner has challenged the notice dated June 26, 1990, issued by the Assistant Commissioner of Income-tax under Section 148 of the Income-tax Act, 1961, for the assessment year 1983-84. In the affidavit-in-opposition the following reasons for reopening the assessment have been disclosed :

(2.) It appears from the records produced before this court that the sanction of the Chief Commissioner of Income-tax was obtained before issuance of the said impugned notice.

(3.) At the hearing, Mr. Murarka, learned advocate for the petitioner, has contended that in this case, the reopening could not have been made in view of the provisions of Section 147 which came into force with effect from April 1, 1989. It is his contention that the notice is barred by limitation under Section 147 as it stood at the material time which is as follows ;