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Issues involved:
The judgment involves quashing of notices issued u/s 148 read with s. 147 of the I.T. Act, 1961, and similar notices issued u/s 8 of the Surtax Act by a public limited company claiming deduction u/s 80-1 and extra development rebate u/s 33 of the I.T. Act, 1961, related to the manufacture of polyster fibre. Analysis of the Judgment: The judgment by S. K. Desai J. of the Bombay High Court addressed the issue where the successor-ITO concluded that the predecessor had accepted the assessee's claim without proper inquiry regarding the manufacture of polyster fibre. The successor-ITO required the assessee to provide details of the manufacturing process and raw materials used. The ITO reported that the assessee did not disclose fully and truly all material facts necessary for assessment, leading to incorrect deductions granted u/s 80-1 and u/s 33 of the I.T. Act, 1961. The petitioner's counsel referred to the Supreme Court's decision in CIT v. Nirlon Synthetic Fibres and Chemicals Ltd. and J. K. Synthetics Ltd. v. CIT, highlighting that for certain assessment years, the Income-tax Appellate Tribunal upheld the petitioner company's claim for relief under s. 80-1 and higher development rebate based on principles from the Nirlon case. The Tribunal's order in Reference Application No. 1319 of 1977-78 also supported the petitioner's claim. The judgment emphasized that the assessee had made a claim based on accepted principles by judicial tribunals and had disclosed necessary primary facts for assessment. It was noted that any doubts should have prompted further inquiries by the concerned officer. The conclusion was that the assessee did not fail to disclose material facts, and the action taken u/s 148 read with s. 147 of the I.T. Act was deemed improper and incompetent, leading to the quashing of the notices issued under both the I.T. Act and the Surtax Act. In conclusion, the High Court ruled in favor of the assessee, making the rule absolute to quash the notices issued u/s 148 read with s. 147 of the I.T. Act and u/s 8 of the Surtax Act, with each party bearing their own costs.
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