For the AY. 2014-15, the assessee filed its return belatedly u/s. 139(4) of the Income-tax Act, 1961 on October 6, 2015. The return was not selected for scrutiny by the Assessing Officer. But the Assessing Officer issued notice u/s. 148 of the Act on January 22, 2015 itself, prior to the date of filing of return by the assessee. The reassessment proceedings framed by the Assessing Officer were void ab initio because:

(a) The Assessing Officer was entitled under the statute to issue notice us. 142(1) calling for the return of income when the return was not filed within the due date prescribed u/s. 139(1) of the Act. The due date for filing the return was available in terms of section 139(4)

(b) Nothing prevented the Assessing Officer to select the return filed by the assessee on October 6, 2015 for scrutiny and frame the assessment in accordance with law. Reopening of an assessment was not an alternative to selecting a case for scrutiny. There should be conscious formation of belief based on tangible information that income of an assessee had escaped assessment. (AY .2014-15)