Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2013 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (8) TMI 637 - HC - Income TaxPeriod of Limitation in passing the assessment order - Petitioner has prayed for setting aside the assessment order dated 31.12.2004 for the assessment years 1998-99 to 2002-03 - Contention of the petitioner before the High Court that the original accounts books were seized by the office of the Assessing Officer under Section 131 (3) – Held that:- The contention of the Petitioner that original books of accounts is with Assessing officer is not factually correct - Petitioner was fully aware that the limitation for assessment was going to expire on 8.12.2004. Taking advantage of the letter of the Assessing Officer dated 24.12.2003, which was more than a year old and did not give any details of the books of accounts, which were seized from the previous director of the company, filed the earlier writ petition and obtained an order without disclosing the contents and nature of the documents, which were retained by the department and whether they were relevant for assessment. The petitioners were aware of the date fixed by the Assessing Officer in his last notice dated 17.12.2004, which was served on the petitioner on 20.12.2004. Inspite of appearing before the Assessing Officer and participating in the assessment proceedings the petitioner left a letter on the dak counter of the department on 29.12.2004, requesting to provide them documents. The petitioner-company refused to cooperate with the Assessing Officer in the assessment proceedings. They deliberately absented from the proceedings as they could not have faced the Assessing Officer, who was aware of the facts and from whom they had taken time to produce the books of accounts – No merit found in the writ petitions – Writ Petitions dismissed – Decided against the Assessee.
|