2016 (8) TMI 1040

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... petitioner had assailed a similar notice in respect of the assessment year 1994-1995 by way of writ petition being WP No. 1280 of 2001[The Tinplate Company of India Limited-Versus-Joint Commissioner of Income Tax, Special Range-7, Calcutta]. Such writ petition was disposed of by an order dated May 5, 2016 by setting aside, the impugned notice under Section 148 as also the reasons provided with regard thereto. He has submitted that, the petitioner is not guilty of suppression of any fact before the Assessing Officer. The petitioner had filed the requisite return for the relevant year. Such return was assessed under Section 143(3) by the Assessing Officer. The Assessing Officer had computed the income thereon. The parties had accepted the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ction 143(3) of the Act of 1961, they were on other points than those disclosed in the reasons for invoking Section 148 of the Act of 1961. Learned Advocate for the Department has submitted that, the petitioner had filed an objection against invocation of Section 148 of the Assessing Officer. Without allowing the Assessing Officer to decide on the objection, the petitioner has rushed to Writ Court. He has relied upon 259 ITR 19 [G.K.N.Driveshafts (India) Ltd -Versus- Income Tax Officer & Others] and has submitted that, the Supreme Court is of the view that, the assessee should be allowed to make an objection to the invocation of Section 148 by the Assessing Officer and that, the Assessing Officer should be allowed to decide on such objec....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....om the record that the petitioner had disclosed all materials facts relating to technical knowhow fees before the Assessing Officer in the present assessment year as also for the assessment years of 1993-1994. Therefore, the invocation of the provisions of Section 148 of the Act of 1961 in respect of such head is not called for by the Assessing Officer. So far as excise duty, payment made to club and guest house expenses are concerned, the same were disclosed by the petitioner in its balance-sheet for the relevant year, as also the return filed with the Assessing Officer. The Assessing Officer had considered all the four heads in his order of assessment under Section 143(3) of the Act of 1961. Although an appeal was carried against the o....