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of <h1>Validity of Income Tax notice for 1978-79 upheld; Petitioner to reply within 30 days; Challenge through proper channels allowed.</h1> <h3>Saraf Textile Mills Pvt. Ltd. Versus Union Of India And Others</h3> Saraf Textile Mills Pvt. Ltd. Versus Union Of India And Others - [2000] 245 ITR 27, 155 CTR 310 Issues:Challenge to notice under section 148 of the Income-tax Act, 1961 for escaped assessment for the assessment year 1978-79.Analysis:The petitioner challenged the notice issued under section 148 of the Income-tax Act, 1961 for escaped assessment for the assessment year 1978-79. The petitioner filed a writ petition instead of replying to the show-cause notice before the competent authority. The court admitted the writ petition and directed the respondent not to pass any final orders on reassessment proceedings. The notice was challenged on two main grounds: firstly, that it was issued without jurisdiction as another officer of the same rank could not have issued the notice after assessment had already been made, and secondly, that no reasons were recorded for the notice. The respondents contended that detailed reasons were recorded before issuing the notice. The petitioner's counsel relied on various judgments, while the respondents' counsel cited a judgment of the apex court.The court considered the submissions and found that only a show-cause notice had been issued, and final orders were yet to be passed. The court noted that there was a remedy of appeal provided under the Act itself. Since disputed questions of fact and law were involved, the court found no ground for interference at that stage. The court also determined that the judgments cited by the counsels were not applicable to the present case. Therefore, the court did not interfere and allowed the petitioner to approach the authorities by filing a reply to the show-cause notice and challenge any order passed under the Act.In the interest of justice, the court directed the petitioner to file a reply and objections before the assessing authority within 30 days. The assessing authority was also directed to pass necessary orders within 30 days thereafter. The court disposed of the writ petition without any order as to costs.
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