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Issues involved: Challenge to jurisdiction of Income-tax Officer to issue notices u/s 148 read with section 147(a) of the Income-tax Act, 1961 for assessment years 1983-84 and 1984-85.
Assessment Year 1983-84: The assessment was originally completed u/s 143(3) on October 31, 1985. Reopened due to claimed bogus commission payment. Petitioner argued full and true disclosure during original assessment proceedings, citing Supreme Court decisions. Department argued material facts were not disclosed truly, referencing a Delhi High Court decision. Court analyzed the Supreme Court decisions and Delhi High Court decision, concluding that the petitioner had made a full and true disclosure. Notices quashed. Assessment Year 1984-85: Assessment completed on March 23, 1987. Reopened due to claimed partly non-genuine purchases. Petitioner provided details as requested by Income-tax Officer during original assessment proceedings. Court found that necessary material was before the Officer during assessments. Ruled in favor of the petitioner based on the applicability of Supreme Court decisions. Notices in both petitions quashed, and the rule made absolute. No costs ordered.
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