152. (1) In
an assessment, reassessment or recomputation made under section
147, the tax shall be chargeable at the rate or rates at which it would
have been charged had the income not escaped assessment.
Where an assessment is reopened 31[under
section 147], the assessee may, if he has not
impugned any part of the original assessment order for that year either under sections 246 to 248 or
under section 264, claim that the proceedings
under section 147 shall be dropped on his showing
that he had been assessed on an amount or to a sum not lower than what he would
be rightly liable for even if the income alleged to have escaped assessment had
been taken into account, or the assessment or computation had been properly
Provided that in
so doing he shall not be entitled to reopen matters concluded by an order under
section 154, 155, 260, 262, or 263.