Assessee-company was engaged in business of manufacturing, trading and marketing of pesticides. Assessment was completed under section 143(3) making certain additions. Subsequently, AO reopened assessment and made additions on account of provision for diminution in value of assets and provision for doubtful debts. Tribunal set aside reassessment proceedings and High Court upheld order of Tribunal. AO again initiated reassessment proceedings on ground that set off of unabsorbed depreciation against book profit was not in order. On writ the Court held that when High Court had already set aside reassessment proceedings for relevant assessment year, there was no warrant for issue of further notice under S. 148 of the Act. (AY. 2005 -06)
Rallies India Ltd ( 2018) 411 ITR 452 / 89 taxmann.com 88 (Bom.) (HC) Editorial : SLP of revenue is dismissed, DCIT v. Rallis India Ltd. (2019) 264 Taxman 25 (SC)
S. 147 : Reassessment–Second reassessment-High Court set aside the reassessment on one issue–Second reassessment on another ground is held to be not valid. [S. 32, 148]