Law:

Section:

Reassessment notice under section 148 can be challenged under article 226 in two stages: (i) raising preliminary objections before Assessing Officer and in case of failure before Assessing Officer, and (ii) challenging speaking order of Assessing Officer under section 148 Section 147, read with section 148 of the Income-tax Act, 1961, and read with article 226 of the Constitution of India - Income escaping assessment - General - Assessment year 1996-97 - Whether reassessment notice under section 148 can be challenged under article 226 in following two stages: (i) raising preliminary objections before Assessing Officer and in case of failure before Assessing Officer, and (ii) challenging speaking order of Assessing Officer under section 148 - Held, yes - Whether in section 148 cases after receiving reasons, assessee shall lodge his preliminary objections before Assessing Officer against notice for re-assessment and Assessing Officer will decide objections by a speaking order so that an aggrieved assessee can challenge order in a writ petition - Held, yes - Whether while ordinarily Court would consider challenge to notice for re-assessment on basis of reasons recorded additional affidavit can be considered when reasons disclosed in additional affidavit are alternative and, therefore, interconnected with reasons initially communicated by Assessing Officer - Held, yes FACTS The assessee claimed depreciation on commercial vehicles at the rate of 40 per cent. In the course of assessment proceedings, the assesee, in reply to the letter of the Assessing Officer, stated that the commercial vehicles purchased by it had been given on lease and the lessee had used the said commercial vehicles for the business of running them on hire. The Assessing Officer passed the assessment order under section 143(3), and though various additions and disallowances were made in relation to the aforesaid item of depreciation, yet no disallowance was made. Subse- quently, the Assessing Officer reopened the said assessment and the assessee filed the return returning the same income. Thereafter, the Assessing Officer issued a show-cause notice to the assesee stating that the assessee was a…

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