TMI Blog1996 (4) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... sment proceedings for the assessment years 1984-85, 1985-86, 1986-87, 1987-88 and 1989-90, pending before the Deputy Commissioner of Income-tax, Special Range-II, Ghaziabad. I have heard Sri Rakesh Kumar Agarwal, learned counsel for the petitioner, and Sri Ashok Kumar, learned counsel for the respondents. The petitioner carries on the business of manufacture and sale of tin container and agriculture implements. Its assessments for the aforesaid assessment years were duly made under section 143 of the Act. Subsequently, the Central excise authority conducted a search and seizure operation against the petitioner and recovered documents which showed that the petitioner had sought import licences for much larger quantity of raw materials th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his court in Writ Petition No. 1193 of 1995, which was disposed of by order dated December 22, 1995. The relevant portion of the order passed by this court is as under: " Therefore, the Assistant Commissioner of Income-tax, Investigation Circle, Ghaziabad, issued a show-cause notice, dated September 22, 1993 (annexure '4' to the writ petition), pursuant to the said show-cause notice, the petitioner filed a reply, dated November 3, 1993 (annexure '5' to the writ petition), stating that the detailed explanation about discrepancies had been made before the CEGAT. No more details were given by the petitioner in the said reply. The case of the petitioner before us is that no inference could be drawn on the basis of Form 'A', recovered from i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act will be taken against the petitioner pursuant to impugned reasons dated August 21, 1995 (annexure "7" to the writ petition), recorded by the Department. " As is evident from the facts mentioned above notices under section 148 had already been issued and served on the petitioner and the petitioner appears not to have disclosed that fact to the court and obtained the aforesaid order by representing that the proceedings were still at the stage on show-cause notice dated September 22, 1993, while in fact notices under section 148 had already been served and, therefore, no proceedings under section 148 was pending. A proceeding under section 148 consists of the recording of reasons under sub-section (2) of section 148 and an issue of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt vide order dated March 8, 1996, ordered as under : " We are of the opinion that the petitioner has an alternative remedy under section 264 of the Income-tax Act to file a revision before the Commissioner. Hence, we dismiss the writ petition on the ground of alternative remedy. If the petitioner files a stay application along with the revision, the same shall be considered and considered expeditiously. " The petitioner then filed a revision petition before the Commissioner of Income-tax, Meerut, and moved an application praying for staying the reassessment proceedings for the aforesaid years. The Commissioner rejected the application observing that under section 264 of the Act, he has no power to stay the assessment proceedings. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -assessing authority from proceeding further under section 148 until decision by a speaking order on the assessee's reply. The assessing authority then recorded, on February 5, 1996, a finding that proceedings under section 148 have been validly taken and further evidence will be examined in the assessment proceedings. The petitioner again came to this court in Writ Petition No. 207 of 1996 challenging the so-called order, dated February 5, 1996, and this court dismissed the same observing that the petitioner had the alternative remedy of revision under section 264. Consequently, a revision petition was filed and an application was made for staying the assessment proceedings. The Commissioner rejected the request on the ground that he had n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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