Court upholds tax notices validity despite criminal case acquittal, rejects binding effect of special judge's findings. Limited intervention allowed.

Bhajan Lal Versus Commissioner of Income Tax And Another

Bhajan Lal Versus Commissioner of Income Tax And Another - [2001] 250 ITR 399, 169 CTR 287, 121 TAXMANN 93 Issues Involved:
Petition for quashing notices u/s 148, 142(1), and 143(2) of the Income-tax Act, 1961. Challenges based on initiation of proceedings u/s 147, limitation prescribed u/s 153, and pendency of criminal case.

Judgment Details:

Initiation of Proceedings u/s 147:
- Petitioner challenged notices based on Central Bureau of Investigation report and limitation under section 153.
- Respondents argued premature dismissal and non-furnishing of replies by petitioner.
- Court held that criminal case acquittal does not affect tax liability determination.
- Assessing Officer's belief for reassessment not arbitrary; limited court intervention allowed.
- Supreme Court precedent on reassessment criteria cited.

Validity of Notices u/s 148:
- Assessing Officer's reasons for issuing notice under section 148 deemed valid.
- Petitioner's acquittal on bribery charges not relevant to tax liability determination.
- Court emphasized sufficiency of reasons for forming belief under section 147.

Legal Precedents and Court Observations:
- Supreme Court cases Raymond Woollen Mills Ltd. v. ITO and Phool Chand Bajrang Lal v. ITO cited.
- Previous court ruling in Bal Ram Jakhar v. CIT highlighted for similar context.
- Court rejected petitioner's plea for binding effect of special judge's findings on bribery issue.

Conclusion:
- Notices cannot be quashed solely based on petitioner's acquittal of criminal charges.
- Special judge's findings on bribery not binding for tax liability determination.
- Writ petition dismissed based on above reasons.