2007 (2) TMI 162 - HC - Income Tax

Reassessment notice u/s 148 issued to petitioner on basis of ledger account of another company as there were transactions pertaining to petitioner s group on basis of material before it revenue had reason to believe that some income has escaped assessment - revenue must be free to arrive at a conclusion based on the material before it impugned petition against that notice is not entertainable by HC under article 226 of Constitution of India because there is no reason to do so

Summary

Issues:
1. Challenge to notice for preparation of income return for assessment years 2000-01 to 2004-05.
2. Legality of proceedings under section 147/148 of the Income-tax Act.
3. Reliance on ledger account for initiating proceedings under section 147.
4. Interpretation of "reason to believe" under sections 147/148.
5. Distinction between assessment and reassessment proceedings under section 147.
6. Judicial scrutiny of material for initiating action under section 147.
7. Availability of alternative relief under article 226 of the Constitution of India.

Analysis:
1. The petitioner challenged a notice for the preparation of a true income return for specific assessment years, along with subsequent notices under section 142(1) of the Income-tax Act. The petitioner sought to set aside the Revenue's actions as contrary to law, emphasizing participation in assessment proceedings as directed by the court in a previous petition. The petitioner's grievance included concerns about disclosure of relevant material and full participation in the assessment process.
2. The petitioner did not challenge the legality of proceedings under section 147/148 of the Income-tax Act in a previous writ petition, focusing instead on cooperation in assessment proceedings.
3. The Revenue relied on a ledger account of a company as the basis for issuing notices. The petitioner contested the validity of relying solely on the ledger account for initiating proceedings under section 147, highlighting concerns about cooperation in the assessment process.
4. The arguments revolved around the interpretation of "reason to believe" under sections 147/148, emphasizing the conditions necessary for initiating proceedings, including under-assessment due to omission or failure to disclose material facts.
5. The judgment distinguished between assessment and reassessment proceedings under section 147, emphasizing the requirement of "reason to believe" for initiating steps under the provision.
6. The court discussed the judicial scrutiny of material for initiating action under section 147, noting the limitations of extraordinary jurisdiction under article 226 of the Constitution of India in assessing sufficiency or adequacy of material before assessment.
7. The judgment highlighted the availability of alternative relief under article 226 of the Constitution of India, emphasizing the cautious approach in interfering with administrative actions like assessment proceedings and the need for proper justification to exercise jurisdiction under article 226.