2014 (5) TMI 557

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d by learned Joint Commissioner of Income Tax, Range-I, Kanpur (Annexure-1 to the writ petition). Further, to quash the re-assessment proceeding initiated against the petitioner vide notice dated 21.3.1997 for the assessment year 1988-89, (Annexure-2 to the writ petition) "and the approval granted by the Commissioner of Income Tax dated 21.3.1997". (II) award cost of this petition to the petitioner." Sri S.D. Singh, learned Senior Counsel assisted by Sri Krishna Dev Vyas, learned counsel for the assessee submits that assessee is engaged in the manufacturing and sale of the yarn. He purchased the raw materials from various sources including the Government undertakings. For the assessment year under consideration, the notices were is....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 6. The General Electric Company of India Ltd., the Mall, Kanpur Vs. The Sales Tax Officer, Sector IV, Kanpur [1973 U.P. T.C. 386]; and 7. Chhugamal Rajpal Vs. S.P. Chaliha [1971]79 ITR 603 (SC). The learned counsel further submits that there is only right to suspect for which no notice can be issued under Section-148. There is no reason to believe in the instant case. Lastly, he made a request to allow the relief as prayed. On the other hand Sri Sambhoo Chopra, learned counsel for the department justified the impugned order and submits that the assessee is a firm. For the assessment year under consideration, original assessment orders were passed under Section-143(1) (a) of the Act. However, the department had received the informa....