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1998 (3) TMI 85 - HC - Income TaxReassessment, Material Facts, Construction Of House, Valuation Certificate, Writ, Alternate Remedy
Issues Involved:
1. Maintainability of the writ petition in view of an alternative remedy. 2. Entitlement of the petitioner to challenge the notice dated March 28, 1988, u/s 148 of the Income-tax Act. 3. Validity of the impugned notice dated March 28, 1988, u/s 148 of the Income-tax Act. Summary: Issue 1: Maintainability of the Writ Petition The court examined whether the writ petition is maintainable despite the availability of an alternative remedy. Citing the decision in *Thanthi Trust v. CBDT [1995] 213 ITR 639 (Mad)*, the court noted that since the writ petition was admitted in 1988 and had been pending for ten years, it would be unjust to dismiss it on the ground of alternative remedy. Therefore, the court held that the writ petition is maintainable. Issue 2: Entitlement to Challenge the Notice u/s 148 The petitioner contended that there was no reason for the Assessing Officer to believe that the income chargeable to tax for the assessment year 1983-84 had escaped assessment within the meaning of section 147 of the Income-tax Act, 1961. The court referred to sections 55A, 147, and 148 of the Income-tax Act, emphasizing that the Assessing Officer must have a "reason to believe" that income has escaped assessment. The court also reviewed several judgments, including *Smt. Meherbanoo G. Wadiwalla v. WTO [1992] 195 ITR 578 (Guj)* and *ITO v. Santhosh Kumar Dalmia [1994] 208 ITR 337 (Cal)*, which highlighted that mere valuation reports cannot constitute sufficient grounds for reopening assessments. Issue 3: Validity of the Impugned Notice The court concluded that the valuation report by itself could not satisfy the requirement of having a "reason to believe" that income had escaped assessment. The petitioner had fully and truly disclosed all material facts, including vouchers and contractor's bills, for the original assessment. The court found no justification to hold that the income had escaped assessment within the meaning of section 147, thus rendering the notice u/s 148 dated March 28, 1988, without jurisdiction. Consequently, the court quashed the impugned notice. Conclusion: The writ petition was allowed, and the notice dated March 28, 1988, u/s 148 of the Income-tax Act was quashed. There was no order as to costs.
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