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2013 (3) TMI 245
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....e for the respondents. ORDER Heard. The petitioner has filed this petition against the show cause notice dt.21.3.2012 (Annexure P/1). By the aforesaid notice, it has been mentioned that on verification of the case of the petitioner in regard to assessment year 2006-07, it was observed that the assessee firm claimed expenses as compromise fee Rs.32,57,600/-, however, the aforesaid fee w....
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....come Tax Act, 1961. The petitioner challenged the jurisdiction of issuance of show cause notice. It is contended that the income was mentioned in the return because there is no question to the effect that the petitioner had escaped the income. Learned counsel for the petitioner has submitted that the notice issued to the petitioner is without jurisdiction because in accordance with Section 1....
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.... the petitioner is pre-mature. Only a show cause notice has been issued to the petitioner and the proceedings are pending before the authority. It is well settled principle of law that against a show cause notice, the petition is maintainable only if it is without jurisdiction or issued by an incompetent authority. This is not the case of the petitioner that the impugned notice (Annexure P/1) h....