2010 (4) TMI 855

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..... at the rent for the months of February and March, 1997, which had been accrued have not been disclosed in the assessment year 1997-98 and for the months of February and March, 1999, which had been accrued, have not been disclosed in the assessment year 1999-2000. - there was material to form belief that there was escaped assessment for both the assessment years and the notices issued under section .....

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..... notices under section 148 of the Act have been issued for the years under consideration after recording reasons. The reasons for the assessment year 1997-98 is annexure 7 to the writ petition and the reasons for the assessment year 1999-2000 is annexed along with the counter-affidavit. In the reasons, it is stated that though the petitioner had maintained the books of account on the mercantile bas .....

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..... the payment. He sub- mitted that the similar dispute has arisen in the assessment year 2000-01 and in the appeal, the claim of the petitioner has been accepted, vide order dated March 3, 2004, and, therefore, the initiation of proceedings are not justified. He further submitted that in fact in respect of the rent, the peti- tioner had not maintained the mercantile system of accountancy and this pl .....

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..... sment year 2000-01 is not relevant for the years under consider- ation, inasmuch as the appellate order has not been accepted by the Department and the appeal against the said order has been filed. 6. Having heard learned counsel for the parties, we have perused the rea- sons recorded for the assessment years 1997-98 and 1999-2000 and other documents. In the writ jurisdiction under article 226 .....

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..... Act have rightly been issued. 7. So far as the plea of the petitioner that in fact, the petitioner had not maintained the mercantile system of accountancy in respect of rent and had maintained the books of account in accordance with notification issued by the State Government for the cold storage, we can not examine this plea of the petitioner at this stage. It will be open to the petitioner .....

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