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2015 Supreme(Del) 3184

BADAR DURREZ AHMED, SANJEEV SACHDEVA
DISCOVERY ASIA INC. – Appellant
Versus
ASSISTANT DIRECTOR OF INCOME TAX – Respondent


Advocate Appeared:
For the Petitioners:Mr M.S. Syali, Sr Advocate with Mr Mayank Nagi and Ms Husnal Syali, Advocates.
For the Respondents:Mr Kamal Sawhney, Mr Raghvendra Singh and Mr Shikhar Garg, Advocates.

JUDGMENT

BADAR DURREZ AHMED, J.

1. This writ petition is directed against the notice dated 28.03.2012 issued under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as ‘the said Act’) pertaining to the Assessment Year 2005-06. It is also directed against the order dated 10.02.2014 whereby the objections preferred by the petitioner were rejected by the Assessing Officer.

2. The assessment under Section 143(3) was originally done on 19.12.2008. The notice under Section 148, which is impugned herein, has been issued beyond the period of four years from the end of the relevant assessment year. The reasons for initiating the reassessment proceedings which were supplied to the petitioner on 16.01.2014 are as under:-

“INCOME TAX DEPARTMENT

1. Name & Address of the Assessee Discovery Asia Inc. One Discovery Place Silver Spring, Maryland 20910-3354 USA

2 Permanent Account No. AABCD4333P

3. Status Foreign Company

4. Residential Status Non-resident

5 Assessment year 2005-06

6. Date of order 26.03.2012

Reasons for issue of notice u/s 148 of the Income Tax Act, 1961 :- Return declaring Nil income for AY 2005-06 was filed by the assessee on 30.10.2005, which was later revised on 30.03.200
















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