1999 (8) TMI 40

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.... J.---The petitioner seeks a writ of prohibition directing the respondent from proceeding further with the reassessment proceedings initiated by him under section 148 of the Income-tax Act, 1961 (for short "the Act"), in respect of the assessment year 1981-82 pursuant to the notice dated March 29, 1989. It is seen from the counter-affidavit filed that the reasons were recorded in the file. It is c....

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....iled to disclose that he was subjected to wealth-tax in respect of the same item of property. It is on these premises the proceedings were sought to be reopened under section 147 read with section 148 of the Act. This court stayed the further proceedings. Relying on the decision of this court in CIT v. Jesharan Bhuvalka [1970] 76 ITR 128 and of the Supreme Court in Gemini Leather Stores v. ITO ....

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....a matter which ought to be more appropriately decided by the assessing and appellate authority under the Act. As we observed earlier, there is scope for argument and scope for a further probe. We cannot say that there is not even a prima facie case to proceed under sections 147 and 148. We do not, therefore, think that these are fit cases to exercise jurisdiction under article 226 of the Constitut....