| Case ID |
1a25a693-f0db-46d3-af93-3619a4b12fa1 |
| Body |
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| Case Number |
D. B. Income-tax Case No. 132 of 1995 |
| Decision Date |
Jan 10, 1996 |
| Hearing Date |
|
| Decision |
The Tribunal was justified in annulling the assessments made under section 147/148 of the Income Tax Act, 1961, as the fresh assessment proceedings initiated for the same assessment years were invalid. The original assessments were barred by time, and the Tribunal held that the fresh notices issued when original assessments were pending were not valid. The application to direct a reference was dismissed as no question of law arose. |
| Summary |
In the case of D. B. Income-tax Case No. 132 of 1995, the Rajasthan High Court addressed significant issues surrounding the Income Tax Act, 1961, specifically regarding sections 147 and 148 concerning reassessment procedures. The case highlighted the legal principle that fresh notices cannot be issued while original assessments are still pending. The Tribunal's decision to annul the reassessment was based on the fact that the original assessments were barred by time, making subsequent actions invalid. The court underscored the importance of adhering to statutory timelines in tax assessments, emphasizing that procedural irregularities can have substantial implications on the validity of tax assessments. The decision serves as a critical reference point for future cases involving reassessment under the Income Tax Act, reinforcing the necessity for compliance with legal timelines and procedures. Keywords such as 'Income Tax Act', 'reassessment', 'tax law', and 'legal proceedings' are pivotal for understanding the implications of this ruling and its relevance in current tax law discussions. |
| Court |
Rajasthan High Court
|
| Entities Involved |
Not available
|
| Judges |
B.R. ARORA,
P. C. JAIN
|
| Lawyers |
Sandeep Bhandawat
|
| Petitioners |
COMMISSIONER OF Income Tax
|
| Respondents |
JAIDEO JAIN & CO
|
| Citations |
1999 SLD 358,
1999 PTD 2565,
(1997) 227 ITR 302
|
| Other Citations |
Not available
|
| Laws Involved |
Income Tax Act, 1961
|
| Sections |
147,
148,
256
|