Invalid Notice under Income Tax Act: Lack of Fresh Material

The High Court of Calcutta addressed the validity of a notice issued under section 148 of the Income Tax Act based on fresh material post-assessment. The Court found that mere suspicion without concrete evidence did not warrant the notice, as there was no fresh material to support it. The previous order was recalled, allowing the Income-tax Officer to conduct further investigation within legal limits. The petitioner's request for a further hearing was considered due to concerns about a prolonged investigation. The writ petition was disposed of with no costs awarded.

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Issues involved: Validity of notice u/s 148 of the Income Tax Act based on fresh material post-assessment.

Summary:
The High Court of Calcutta, in the case, addressed the issue of the validity of a notice issued u/s 148 of the Income Tax Act based on fresh material post-assessment. The petitioner, aged 88 years, requested further hearing due to concerns about a protracted investigation. The Court examined whether the Income-tax Officer had obtained new information to justify the notice. The reopening was based on the assessee's confession during assessment proceedings regarding fixed deposits in others' names. However, the Court found that mere suspicion without concrete evidence did not warrant the notice u/s 148. The Court concluded that there was no fresh material to support the notice and recalled the previous order. The Income-tax Officer was allowed to conduct further investigation within the bounds of the law. The writ petition was disposed of with no costs awarded.

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