CIT Vs. OCM INDIA LTD

JUDGEMENT

(1.) This appeal has been preferred by the revenue against the order of the Income Tax Appellate Tribunal, Amritsar Bench, Amritsar in ITA No. 235 (ASR.)/2004, in respect of assessment year 1992-93, proposing following substantial question of law:

(2.) The assessing officer completed assessment under Section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as - the Act) in the case of the assessee on 25-1-1995 at Nil income. However, on 18-5-2001, notice under Section 148 of the Act was issued alleging escapement of income. The assessee filed its return in response to the said notice on 19-6-2001. The assessing officer issued notice under Section 143(2) of the Act on 17-3-2003. Thereafter, assessment was completed on 28-3-2003 on a total income of Rs. 79,723 under Section 143(3) read with Section 147 of the Act.

(3.) The assessee preferred an appeal submitting that as per Proviso to Section 143(2)(ii) of the Act, notice could not be served on the assessee after 12 months of the end of the month on which return was furnished. The assessee having furnished the return on 19-6-2001, notice issued on 17-3-2003 was beyond time. This contention was rejected by the Commissioner (Appeals) on the ground that notice under Section 147 of the Act having already been issued within time, notice under Section 143(2) of the Act was only to make the assessee aware of intention of making assessment after verification or scrutiny and such a notice was not governed by the limitation specified under Section 143(2) but by limitation specified under Section 147 of the Act read with Section 153 of the Act.