Income Tax Act, 1961
Section 8: Ins. by Act 23 of 2012, s. 65 (w.e.f. 12012).
8. Ins. by Act 23 of 2012, s. 65 (w.e.f. 12012).
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Explanation.—In determining income chargeable to tax which has escaped assessment for the
purposes of this sub-section, the provisions of Explanation 2 of section 147 shall apply as they apply for
the purposes of that section.]
(2) The provisions of sub-section (1) as to the issue of notice shall be subject to the provisions
of section 151.
(3) If the person on whom a notice under section 148 is to be served is a person treated as the agent of
a non-resident under section 163 and the assessment, reassessment or recomputation to be made in
pursuance of the notice is to be made on him as the agent of such non-resident, the notice shall not be
issued after the expiry of a period of 1[six years] from the end of the relevant assessment year.
2[Explanation.—For the removal of doubts, it is hereby clarified that the provisions of sub-sections
(1) and (3), as amended by the Finance Act, 2012, shall also be applicable for any assessment year
beginning on or before the 1st day of April, 2012.]
150. Provision for cases where assessment is in pursuance of an order on appeal, etc.—(1)
Notwithstanding anything contained in section 149, the notice under section 148 may be issued at any
time for the purpose of making an assessment or reassessment or recomputation in consequence of or to
give effect to any finding or direction contained in an order passed by any authority in any proceeding
under this Act by way of appeal, reference or revision 3[or by a Court in any proceeding under any other
law].
(2) The provisions of sub-section (1) shall not apply in any case where any such assessment,
reassessment or recomputation as is referred to in that sub-section relates to an assessment year in respect
of which an assessment, reassessment or recomputation could not have been made at the time the order
which was the subject-matter of the appeal, reference or revision, as the case may be, was made by reason
of any other provision limiting the time within which any action for assessment, reassessment or
recomputation may be taken.
4[151.Sanction for issue of notice.—(1) No notice shall be issued under section 148 by an Assessing
Officer, after the expiry of a period of four years from the end of the relevant assessment year, unless the
Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner is
satisfied, on the reasons recorded by the Assessing Officer, that it is a fit case for the issue of such notice.
(2) In a case other than a case falling under sub-section (1), no notice shall be issued under
section 148 by an Assessing Officer, who is below the rank of Joint Commissioner, unless the Joint
Commissioner is satisfied, on the reasons recorded by such Assessing Officer, that it is a fit case for the
issue of such notice.
(3) For the purposes of sub-section (1) and sub-section (2), the Principal Chief Commissioner or the
Chief Commissioner or the Principal Commissioner or the Commissioner or the Joint Commissioner, as
the case may be, being satisfied on the reasons recorded by the Assessing Officer about fitness of a case
for the issue of notice under section 148, need not issue such notice himself.]
The provisions of sub-section
as to the issue of notice shall be subject to the provisions
of section 151.
If the person on whom a notice under section 148 is to be served is a person treated as the agent of
a non-resident under section 163 and the assessment, reassessment or recomputation to be made in
pursuance of the notice is to be made on him as the agent of such non-resident, the notice shall not be
issued after the expiry of a period of 1[six years] from the end of the relevant assessment year.
2[Explanation.—For the removal of doubts, it is hereby clarified that the provisions of sub-sections
and
Notwithstanding anything contained in section 149, the notice under section 148 may be issued at any
time for the purpose of making an assessment or reassessment or recomputation in consequence of or to
give effect to any finding or direction contained in an order passed by any authority in any proceeding
under this Act by way of appeal, reference or revision 3[or by a Court in any proceeding under any other
law].
The provisions of sub-section
shall not apply in any case where any such assessment,
reassessment or recomputation as is referred to in that sub-section relates to an assessment year in respect
of which an assessment, reassessment or recomputation could not have been made at the time the order
which was the subject-matter of the appeal, reference or revision, as the case may be, was made by reason
of any other provision limiting the time within which any action for assessment, reassessment or
recomputation may be taken.
4[151.Sanction for issue of notice.—
No notice shall be issued under section 148 by an Assessing
Officer, after the expiry of a period of four years from the end of the relevant assessment year, unless the
Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner is
satisfied, on the reasons recorded by the Assessing Officer, that it is a fit case for the issue of such notice.
In a case other than a case falling under sub-section
For the purposes of sub-section
and sub-section