TaxTMI 
TaxTMI 
2018 (8) TMI 1755
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....er referred to as the 'Act') dated 12.01.2018 for the assessment year 2011-12 issued by the Assistant Commissioner of Income Tax, Circle-1, Patna (hereinafter referred to as the 'Assessing Officer') initiating proceedings for reassessment against the petitioner. The petitioner has also prayed for quashing of the preliminary order dated 25.04.2018 passed by the Assessing Officer whereby the petitioner's objection to the issuance of notice and assumption of jurisdiction by respondent no.3 has been rejected. Mr. Ajay Kumar Rastogi, learned advocate, representing the petitioner, has placed before us the relevant provisions of Section 148 of the Act. It is his submission that under proviso to Section 148 unless the twin pre-conditions of "reaso....
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....s required to avail the benefits of scheme wherein investment in R&D is being promoted by the government. First condition to avail this benefit is that the institution claiming deduction under Section 35(2AB) must be registered for R&D work with the DSIR, Ministry of Science and Technology. The recipient of the beneficiary is further obliged to present annually to DSIR the account books which it separately maintains to account for the expenses incurred towards R&D. In the opinion of the Assessing Officer in one of the files pertaining to period assessment year 2011-12 to assessment year 2015-16 there exists any indication to the correct amount of expenditure towards R&D. Mr. Rastogi has relied upon the various judgments including the judgme....
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....d with a rectification of the assessment order under Section 154 of the Act while arriving at an income of Rs. 31,63,570/- which was fully set-off against the loss brought forward and the income was assessed as 'Nil' for the assessment year 2001-02. When a notice dated 10.02.2005 was issued by the revenue for reopening the assessment under Section 148 of the Act on the ground that the deduction under Section 10A of the Act has been allowed in excess and the income escaped assessment works, the High Court set aside the show cause notice as well as the reassessment order dated 17.08.2005. In that context of the matter, the Hon'ble Supreme Court considered the provision of Section 148 to 153 referred the judgment of the Hon'ble Supreme Court i....
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.... counsel submits that the judgments relied upon on behalf of the petitioner would not be applicable in the facts and circumstances of the present case. It is further submitted that the notice under Section 148 has been issued within the time limit as provided under Section 149 of the IT Act. A further objection has been taken that maintaining the hierarchical system for redressal of the grievance, the petitioner should have approached the statutory remedy before moving this Court in its writ jurisdiction. Learned counsel has relied upon a judgment of the Hon'ble Apex Court in the case of Commissioner of Income Tax & Ors. Vs. Chhabil Dass Agarwal. Learned counsel submits that the Hon'ble Supreme Court has in a catena of decision held that th....
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....nding to ascertain whether, by reason of any omission or failure on the part of the assessee to disclose fully and truly all materials facts necessary for his assessment for the assessment year in question, any income chargeable to tax has escaped or not, the Court observed that it is essentially a question of fact and because in the said case, the Tribunal, after examining the entire records, have recorded that, at the time of the original assessment, the facts were disclosed by the assessee and the Income-Tax officer found the investments shown to be reasonable, this Court proceeded to hold that the Tribunal had rightly quashed the entire assessment order. In the present case, we do not have benefit of concluded finding of facts because ....
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....n the instant case, the Act provides complete machinery for the assessment/re-assessment of tax, imposition of penalty and for obtaining relief in respect of any improper orders passed by the Revenue Authorities, and the assessee could not be permitted to abandon that machinery and to invoke the jurisdiction of the High Court under Article 226 of the Constitution when he had adequate remedy open to him by an appeal to the Commissioner of Income Tax (Appeals). The remedy under the statute, however, must be effective and not a mere formality with no substantial relief. In Ram and Shyam Co. vs. State of Haryana, (1985) 3 SCC 267 this Court has noticed that if an appeal is from "Caesar to Caesar's wife" the existence of alternative remedy would....