TaxTMI 
TaxTMI 
TaxTMI 
2025 (12) TMI 544
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....") dated 14th August, 2000, 6^th September, 2000, 11^th October, 2000, 21^st December, 2000 and 5^th March, 2001, fixing the date of appearance to conduct assessment proceedings to scrutinize the accounts, income and expenditure and tax liabilities etc relevant to financial years 01.04.1994 to 31.03.1995, 01.04.1995 to 31.03.1996 and 01.04.1996 to 31.03.1997. The petitioner has also challenged the order passed under Section 144A of the Act dated 2nd March, 2001, whereby the application for setting aside the aforesaid proceedings, has also been rejected. 2. The facts of the case, in short, are as under:- a. The petitioner is a partnership firm of M/s Agrawal Tractors, Panna Naka, Satna. Apart from the petitioner, there are two ot....
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....the Act for the purpose of assessing the income and not for reassessment. The petitioner was served with the notice dated 14th August, 2000, under Section 143 (2) of the Act. In response to the aforesaid notice, the petitioner had submitted an objection before filing writ petitions. d. The respondent No. 1 issued further notices dated 6th September, 2000, 11th October, 2000, 21st December, 2000 and 5th March, 2001 under Section 143 (2) of the Act. The petitioner submitted an objection seeking instructions from respondent No. 2 to refrain respondent No. 1 from proceeding with the scrutiny assessment of the years 1996-97 and 1997-98. e. After hearing learned counsel for the petitioner, the respondent No. 1 passed an impugned....
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....bout the maintainability of the Writ Petition for want of an alternate remedy, which are reproduced below:- "a. The answering respondent submits that the submission of petitioner as regards the declaration of income under VDIS Scheme for the above assessment years is concerned; the petitioner will get immunity of such income declared under VDIS. The position of income declared under VDIS and that declared in the return in response to notices under section 148 is as under: A. Yr. Income declared under Income as per a/c Addl. Income which declared in return VDIS undisclosed under VDIS (Diff. 3-2) 1 2 3 4 95-96 Rs. 42620/- Rs. 83440/- Rs. 40820/- 96-97 Rs. 92470/- Rs. 73570/- NIL ....
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....ing officer was of the view that there is under assessment and he proceeded to call the return and the petitioner firm filed the return disclosing the undeclared income only. e. The answering respondent submits that the income disclosed under VDIS was not complete and therefore initiation of action under section 148 was well within his powers, in the light of decision of Hon'ble High Court reported in 241 ITR 216 case of Smt. Sashi Devi VS Income Tax Officers and others. Hence the contents of this paras deserve to be rejected." Appreciation & Conclusions 5. As per sub-section 2 of Section 143 (2) of the Income Tax Act, 1961 when the return has been made u/s. 139, or in response to a notice under sub-section (1) of Section 142....
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....equiring him to furnish a return of his income where the income has escaped assessment. Before proceeding with the assessment, re-assessment and re-computation under Section 147 of the Act. Section 149 of the Act specifies the time limit for issuing a notice. 7. Learned Senior Counsel has placed reliance on Section 151 of the Income Tax Act, which provides for sanction on issuance of notice under Section 148 by an Assessing Officer who is below the rank of Assistant Commissioner or Deputy Commissioner unless the Joint Commissioner has certified on the reasons recorded by the Assessing Officer that it is a fit case for the issue of such notice. If the four years have elapsed from the end of the relevant assessment year, no notice shall be....