Amitava Lala, J. - (1.) Under this writ petition, the writ petitioner-company and another challenged the notice of reassessment dated March 28, 2000, issued by the concerned Joint Commissioner of Income-tax, respondent No. 1, herein, under Section 148 of the Income-tax Act, 1961, relating to the assessment year 1993-94. Such notice can be issued by the income-tax authority provided the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year or there is a failure on the part of the assessee to make a return under Section 139 or in response to a notice issued under Sub-section (1) of Section 142 or Section 148 or to disclose fully and truly all material facts necessary for this assessment, for that assessment year.
(2.) The scope and ambit of Section 148 is very exhaustive and the same is applicable either when income has escaped from assessment or failure on the part of the assessee. Such section under the Act is a procedural enactment for the purpose of doing the needful by the authority concerned.
(3.) However, unless and until either of the two conditions are fulfilled, the authority concerned cannot open the assessment already made for the relevant assessment year in view of a proviso under Section 147 of the Act where it is categorically mentioned that where an assessment under subsection (3) of Section 143 or this section has been made for the relevant assessment year, no action shall be taken under this section after the expiry of four years from the end of the relevant assessment year.;