2010 (11) TMI 739

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....etition under Article 226 of the Constitution of India the petitioner has challenged the notice dated 10-3-2010 issued by the respondent Income-tax Officer 2(1), Ujjain under section 148 of the Income-tax Act, 1961 (for short 'the Act') for making assessment under section 147 of the Act of the escaped income.   2. The contention of the learned counsel for the petitioner is that the impugne....

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....scaped has been alleged the petitioner was not partner of the firm, in the circumstances no proceedings could have been initiated by way of impugned notice.   3. Having heard learned counsel for the petitioner at length we find no merit in the contentions raised by him.   4. The respondent Income-tax Officer has issued the notice dated 10-3-2010 (Annexure P-1) after recording his r....

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.... Jain were contacted them and they were not aware that in which name they have made contract. Since registration deed was executed in the name of M/s. Shri Parshwanath Construction they were of the belief that the agreement was also made in the name of firm. Perusal of contents of affidavit it can be said that one of the partner of firm Shri Mukesh Ranka has made the contract in November/December ....

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....er considering the material available with him has recorded finding. On the basis of which he observed that he has reason to believe that income chargeable to tax has escaped and as such he has issued impugned notice to the petitioner.   7. In our considered view, it is not a case where the notice has been issued without there being any reasons for proceeding under section 147 of the Act. ....