1983 (1) TMI 292 - HC - Income Tax

Summary

Issues:
Jurisdiction of the Income Tax Officer to issue notice under section 148 ignoring a valid return filed voluntarily by the assessee.

Analysis:
The petitioner, as the karta of the HUF, voluntarily submitted a return of income for the assessment year 1978-79, disclosing income below the taxable limit. The Income Tax Officer (ITO) issued a notice under section 148, stating that the income had escaped assessment. The petitioner challenged this notice, arguing that the return filed was valid and the assessment could not be based on an invalid return. The petitioner relied on a Supreme Court decision in CIT v. Ranchhoddas Karsondas [1959] 36 ITR 569, which held that if an assessee voluntarily files a return, there is no need for a notice under section 34. The court agreed with the petitioner, emphasizing that the return filed by the assessee was valid, and the ITO had no jurisdiction to issue the notice under section 148.

The court further discussed the decision in CIT v. K. Adinarayana Murty [1967] 65 ITR 607, which the ITO relied on to argue that the assessment based on the return would be invalid. The court found that this decision was not applicable to the present case, and the notice issued under section 148 was unjustified. The court emphasized that the ITO's view was erroneous and contrary to the law laid down by the Supreme Court.

Regarding the status of Sadhna Enterprises, the ITO contended that it should be assessed as an AOP, while the petitioner argued that it was a co-ownership property to be assessed under section 26 of the Act. The court allowed the department to proceed with the assessment of Sadhna Enterprises as an AOP in accordance with the law. However, the court quashed the notice issued to the petitioner under section 148, stating that the assessment should be based on the return voluntarily filed by the petitioner.

In conclusion, the court allowed the petition, quashing both the notice and the letter issued by the respondent. The respondent was permitted to proceed with the assessment of the petitioner's income for the relevant year based on the valid return filed voluntarily. Each party was directed to bear their own costs, and any security deposit was to be returned to the petitioner after verification.