Judgment

S.P. Bharucha, J.-These appeals, by certificate, impugn the correctness of the judgment of a Division Bench of the High Court at Delhi. The question is whether the additional period of 180 days given by Explanation 1(iv) of Section 153 of the Income Tax Act, 1961, is available when the assessment or reassessment is made under Section 147.

2. We are concerned with assessments/reassessments made under Section 147. In one set of appeals the Assessment Year involved is 1947-48. The notice under Section 148 was issued on 24th March, 1964. Subse­quent proceedings were stayed by the High Court on 29th May, 1964, the order of stay being made on a writ petition filed by the assessee. The writ petition was dismissed, and the stay vacated, on 17th May, 1974. The draft order under Section 144B was made on 10th March, 1978 and the final order of assessment was made on 14th September, 1978. Assum­ing that the extended period of limitation of 180 days aforementioned was not available to the Revenue, the period for making the assessment had expired on 19th March, 1978. In the second set of appeals the Assessment Years involved are 1947-48 and 1948-49. The notices under Section 148 were issu