TMI Blog1972 (2) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... G ". The notice was addressed to Messrs. Surajmal Behadurmull, 1, Convent Road, Calcutta. The notice was in respect of the assessment year 1957-58. In the said assessment year, there were two HUFs by the said name for the two periods--one was for the period from November 14, 1955 to December 31, 1955, and the other was for the period from January 1, 1956 to November 2, 1956. During that period it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essed to any person in any particular capacity. Reliance was placed on the Division Bench decision of this court in the case of Sewlal Daga v. CIT [ 1965] 55 ITR 406 (Cal). Reliance was also placed on the unreported judgment of mine in Matter No. 542 of 1968, Shyam Sundar Bajaj v. ITO (since reported in [1973] 89 ITR 317 (Cal)). It has been held by the Supreme Court that the service of the notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tice. I am of the opinion that that is not a valid consideration. The question is not whether the petitioner was misled or not. The question is whether the notice was vague or not. The fact that the respondents had to make a statement before T. K. Basu J. to clarify the position that the notice was not intended to be used against the partnership firm indicated in my opinion, that it was capable of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mdas was merely a name-lender and did not lend money has not been stated. It has not been further stated what enquiries, if any, were made to form the belief. It is not clear also from the materials that the ITO did form actually any belief that there was omission or failure on the part of the assessee to disclose fully or truly all material facts. It is necessary in cases of reopening of assessme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the said notice. Let writs in the nature of mandamus and certiorari issue accordingly. If any assessment has been made pursuant to the said notice, the said assessment is also hereby quashed and set aside. Let writs in the nature of mandamus and certiorari issue also in respect of such assessment order. The rule is made absolute to the extent indicated above. There will be no order as to cost ..... X X X X Extracts X X X X X X X X Extracts X X X X
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