9911796707
|
Home
Issues:
1. Validity of notice dated September 10, 1993, issued under section 148 read with section 147 of the Income-tax Act, 1961. Analysis: The petitioner, a registered firm, challenged a notice issued on September 10, 1993, under sections 148 and 147 of the Income-tax Act, 1961, seeking to quash it. The petitioner had initially filed its return of income for the financial year 1984-85 relevant to the assessment year 1985-86, wherein it explained the capital introduction by partners and loans obtained. An earlier notice under section 148 issued on October 11, 1988, proposing reassessment for the same year was not concluded within the required one-year period. Subsequently, the notice in question was issued in 1993. The respondents argued that the earlier notice was dropped due to lack of business during the relevant year and no return filed in response to the notice. They contended that the fresh notice in 1993 was based on valid reasons and nexus, supported by the partners' capital introduction and credits during the relevant period. The court found the new notice to be valid, with proper reasons, and dismissed the petition. The petitioner was given the option to raise legal objections before the Assessing Officer without hindrance from the court's observations. This case primarily dealt with the validity of a notice issued under sections 148 and 147 of the Income-tax Act, 1961. The petitioner's challenge stemmed from the issuance of a second notice in 1993 after the earlier notice in 1988 was not concluded within the stipulated period. The court examined the circumstances surrounding the initial notice and the subsequent one, emphasizing the necessity of valid reasons and proper proceedings. The respondents argued that the earlier notice was dropped due to lack of business activity and non-filing of a return, justifying the issuance of the fresh notice in 1993 based on the partners' capital introduction and credits during the relevant period. The court, after reviewing the facts and submissions, upheld the validity of the 1993 notice, deeming it to have a proper nexus and reasons, thereby dismissing the petitioner's challenge. In conclusion, the court found the notice issued on September 10, 1993, under sections 148 and 147 of the Income-tax Act, 1961, to be valid and supported by relevant reasons. The respondents' explanation regarding the lack of business activity during the relevant year and the subsequent introduction of capital and credits by the partners provided a basis for the fresh notice. The court dismissed the petitioner's challenge, allowing them to raise legal objections before the Assessing Officer. The judgment highlighted the importance of valid reasons and proper proceedings in issuing notices under the Income-tax Act, ensuring a fair and lawful assessment process.
|
