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2002 (6) TMI 8 - HC - Income TaxThe notice, issued under section 148, seeking to reopen the assessment in respect of the assessment year 1995-96 is the subject-matter of challenge in this writ petition. - petitioner challenges the said notice on various grounds. The notice that has been issued is subject to a proviso to section 147 since issued four years after the end of the relevant assessment year and as such is incompetent and without jurisdiction. - In the result this writ petition succeeds and the proceeding cannot be proceeded with in respect of Rs. 1,78,15,909, the materials in respect of which were disclosed. But so far as the balance of Rs. 1,37,000 is concerned, the same can be proceeded with since there was failure to disclose materials on the part of the petitioner as is apparent from the records to assess the income in respect thereof. - The writ petition, therefore, succeeds in part
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