2000 (9) TMI 29

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....tion that falls for consideration in this writ filed by the petitioner (assessee) is whether the impugned notice issued under section 148 of the Income-tax Act, 1961 (annexure P-4), is legal and proper ? A few facts to decide this short question need mention. The petitioner is a private limited company. It is engaged in the business of stitching garments. The petitioner filed a return of the....

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....hich is impugned by the asses see (petitioner) in this petition. The respondent (Revenue) filed a return and defended the issuance of the impugned show cause. According to the respondent, there are valid reasons for issuance of notice for reassessment which even could not be done as a regular assessment under section 143(3) ibid. It was contended that the reasons that compelled the Revenue to i....

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....losure of facts. It was on these three premises, the notice was questioned. Having heard the submission of learned counsel for the petitioner and having perused the record of case, I have come to the conclusion that petition has no substance. In other words, the impugned notice issued under section 148 (annexure P-4), dated March 24, 1993, has to sustain. The scope in writ jurisdiction to co....

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....s no regular assessment made in the case of an assessee under section 143(3) ibid. It is then averred that the assessee being a new assessee had filed their first return for the year August 8, 1989. It is, inter alia, alleged that in the later years when the returns for the subsequent years were taken up for scrutiny, it was noticed, inter alia, that the lease rent is excessively paid in contraven....