Law:

Section:

Section 148 of the Income-tax Act, 1961 - Income escaping assessment - Issue of notice for - Assessment year 1999-2000 - Whether where notice under section 148 is issued to assessee without assigning any reasons, assessee can seek reasons for issuing said notice and Assessing Officer is bound to furnish reasons within a reasonable time - Held, yes FACTS For an escaped assessment under section 147 notice under section 148 had been issued to the petitioner of the concerned assessment year. In the instant writ petition, said notice had been challenged mainly on the ground that no reason, whatsoever, had been given by the assessing authority in the impugned notice. It had further been submitted that in spite of representation having been made and reminders issued, the assessing authority had not supplied any reason which was mandatory in nature. HELD Since the petitioner had already sought reasons from the concerning authorities, it was expected from them to supply the reasons for issuing notice under section 148 to the petitioner within a reasonable time and if any objections were submitted, thereafter it was the duty of the Assessing Officer to decide the same. Since in the instant matter the above procedure had not been followed by the Assessing Officer, the respondents should be directed to supply reasons for issuing notice under section 148 to the petitioner. [Para4] CASE REFERRED TO GKN Driveshafts (India) Ltd. v. ITO [2003] 259 ITR 19/ 125 Taxman 963 (SC) [Para 3]. N.M. Ranka and Rajkumar Yadav for the Petitioner. ORDER 1. Looking to the short controversy involved in the present matter, the writ petition is disposed of without issuing notices to the respondents. 2. For an escaped assessment under section 147 of the Income-tax Act, 1961, notice under section 148 dated 17-6-2002 has been issued to the petitioner for the assessment year 1999-2000 which is under challenge in the present writ petition. 3. The impugned notice has been challenged mainly on the ground that no reason whatsoever, has been given by the assessing authority in the impugned notice. It has further been submitted that in spite of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492