TMI Blog2019 (7) TMI 1580X X X X Extracts X X X X X X X X Extracts X X X X ..... me tax returns for the assessment year 2000-01, in view of the dissolution. When such a reply has been given by the Department, it is quite possible that there could be an error with regard to the reference of the balance sheet of the Company. Even otherwise, when the Department has come out with a statement that the notes of accounts on the Balance Sheet as on 31.03.2000 has entitled them to send the Notice under Section 148, it will not be appropriate for this Court to investigate into these disputed facts. Nevertheless, it is also claimed that the petitioner, by a subsequent communication dated 31.05.2007, had objected to the reasons for reopening the assessment. While considering such objections, the respondent had rejected the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deemed to be non-est. On this short ground, the learned counsel would submit that the challenge to the Notice, by invoking Article 226 of the Constitution of India, is maintainable. 3. In support of his contention, the learned counsel had also relied upon the orders of this Court dated 10.12.1999, passed in C.P.Nos.105 to 107 of 1999, sanctioning the Scheme of Arrangement for demerger of M.Ct.M. Corporation Pvt. Ltd. into M.Ct.M. Global Investments Pvt. Ltd and Sivagami Holdings Pvt. Ltd. with effect from 01.04.1999. 4. It is the case of the petitioner that pursuant to this order, they had informed the Department through a letter dated 29.11.2000 stating that, they had not filed any income tax returns for the assessment year 2000-0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s for the assessment year 2000-01, in view of the dissolution. When such a reply has been given by the Department, it is quite possible that there could be an error with regard to the reference of the balance sheet of the Company. 7. Even otherwise, when the Department has come out with a statement that the notes of accounts on the Balance Sheet as on 31.03.2000 has entitled them to send the Notice under Section 148, it will not be appropriate for this Court to investigate into these disputed facts. Nevertheless, it is also claimed that the petitioner, by a subsequent communication dated 31.05.2007, had objected to the reasons for reopening the assessment. While considering such objections, the respondent had rejected the same through a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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