M/s. Bakers Spices & Ingredients Private Limited vs. The Deputy Commissioner of Income Tax

Parties Involved

Facts Summary

The assessee company filed its return of income for the assessment year 2016-17 on 29.09.2016. The return was processed by CPC, Bengaluru on 08.11.2016. A notice under section 148 of the Income Tax Act, 1961 was issued on 31.03.2021, but dispatched on 01.04.2021. The assessee contended that the original return filed under section 139(1) of the Act may be treated as a return filed under section 148 of the Act. The assessee challenged the validity of the reassessment notice issued under section 148 of the Act, stating that the notice was time-barred.…

Legal Issues

• 1. Whether the Commissioner of Income Tax (Appeals) was correct in confirming the action of the Assessing Officer in assuming jurisdiction under section 147 r.w.s. 148 of the Act, as the notice issued under section 148 was time-barred.
• 2. Whether the merits of the case should be decided by the Assessing Officer after the jurisdictional issue is resolved.

Judgment Outcome

Decided in favour of Partly Assessee / Partly Revenue.

Precedents Relied Upon

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