2009 (10) TMI 25

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.... any, passed in the proceedings under Section 148 of the Income Tax Act, to the petitioner, the present writ petition has been filed. The facts of the case may be noticed in brief. The petitioner is an individual and was owner of agricultural land Khasra no. 258, measuring 5 bighas in village Nagla Tashi, Tahsil and District Meerut. The said land was acquired by the Land Acquisition Officer under the provisions of Land Acquisition Act for the benefit of Meerut Development Authority. Compensation at the rate of Rs. 50/- per sq. yard was awarded by the Land Acquisition Officer along with statutory interest and other benefits. The Income Tax Department issued notices under Section 148 of the Income Tax Act in respect of the assessment years....

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.... under Section 148 of the Act for these assessment years were issued and in response to it, returns were filed, has not been denied. Only this much has been stated that there is no question of regularisation of return. A notice under Section 148 of the Act is issued to tax income which has escaped assessment and not to regularise the tax paid under self assessment under Section 140-A of the Act. A bare perusal of the counter affidavit would show that the stand which has been taken by the Commissioner of Income Tax in the impugned order has been reiterated. Heard Sri Rakesh Ranjan Agrawal, learned counsel for the petitioner and Sri A.N. Mahajan, learned Standing Counsel for the department. Learned counsel for the petitioner submits tha....