Law:

Section:

Section 148 of the Income-tax Act, 1961 - Income escaping assessment - Issue of notice for - Assessment year 1995-96 - Assessee filed writ petition against notice issued by Assistant Commissioner under section 148 - Whether proper course for assessee is to file its objections before assessing authority who will decide same by passing speaking order - Held, yes - Whether, therefore, writ petition at this stage was misconceived and consequently, was liable to be dismissed - Held, yes FACTS The Assistant Commissioner issued a notice upon the petitioner/assessee under section 148, informing the assessee that he had reason to believe that its income for the assessment year 1995-96 had escaped assessment within the meaning of section 147. On receipt of the notice, the assessee filed its return under section 142. On writ, the assessee challenged said notice. HELD In view of the law laid down by the Supreme Court in GKN Driveshafts (India) Ltd. v. ITO [2003] 259 ITR 19, the proper course for the assessee is to file its objections before the assessing authority who will decide the same by passing a speaking order. The instant petition under article 226 of the Constitution was misconceived at this stage. Consequently, the same was to be dismissed. However, it will be open to the assessee to raise all the pleas that are available to it before the competent authority who will decide the same in accordance with law. Note : The case was decided against the assessee. CASE…

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