- (1.) IN this group of writ petitions challenge is thrown to the notices issued by the Assessing Officer in terms of Section 147 of the Income Tax Act, 1961, Mr. K.K. Jhunjhunwala, learned counsel appearing for the respondents, submits that in some cases assessment orders have been passed by the Assessing Officer.
(2.) AFTER hearing the learned advocates of the parties, we find ourselves in agreement with the submission of Mr. Ajit Moitra, learned counsel for the petitioner that the law applicable to the facts of the case is Section 147 of the Income Tax Act, 1961 as it stood prior to its amendment by the District Tax Law (Amendment Act, 1937, and the Direct Tax Law (Amendment Act, 1989, Act 3/89). We, accordingly, dispose of this group of petitions and direct the Assessing Officer concerned to continue with the proceedings, if so advised, but only by invoking and applying Section 147 and other related provisions of the Act treating them to be applicable as they stood prior to the aforesaid two Amendment Acts. If any assessment orders in the meanwhile have been passed based on the application of Section 147 or other related provisions as they stood after the aforesaid two Amendment Acts, the said assessment orders are hereby quashed and set aside.
(3.) THE petitioner shall be at liberty to raise all pleas available to him in answer to the aforesaid show cause notices including the plea of limitation, if available. The Assessing Officer shall deal with all such pleas and based on the aforesaid observations, pass appropriate and consequential orders on the merits of the case and the materials on record with respect to all relevant assessment years forming the subject matter of the notices issued under Section 147 of the Act.;