9911796707
TMI Blog2016 (8) TMI 1040X X X X Extracts X X X X X X X X Extracts X X X X ..... 2000 by which the Assessing Officer has proposed to invoke the provisions of Section 148 of the Income Tax Act, 1961 in respect of the assessment year 1993-1994. Learned Senior Advocate for the petitioner has submitted that, the petitioner had assailed a similar notice in respect of the assessment year 1994-1995 by way of writ petition being WP No. 1280 of 2001[The Tinplate Company of India Limited-Versus-Joint Commissioner of Income Tax, Special Range-7, Calcutta]. Such writ petition was disposed of by an order dated May 5, 2016 by setting aside, the impugned notice under Section 148 as also the reasons provided with regard thereto. He has submitted that, the petitioner is not guilty of suppression of any fact before the Assessing Of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the four heads. Such a mistake does not vest the Assessing Officer with the jurisdiction to invoke Section 148 of the Act of 1961. He has submitted that although the petitioner had preferred an appeal from the order under Section 143(3) of the Act of 1961, they were on other points than those disclosed in the reasons for invoking Section 148 of the Act of 1961. Learned Advocate for the Department has submitted that, the petitioner had filed an objection against invocation of Section 148 of the Assessing Officer. Without allowing the Assessing Officer to decide on the objection, the petitioner has rushed to Writ Court. He has relied upon 259 ITR 19 [G.K.N.Driveshafts (India) Ltd -Versus- Income Tax Officer Others] and has submitt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 961 by the Assessing Officer to be bad in respect of the assessment year 1993-1994. One of the points involved in the impugned notice under Section 148 in WP No. 1280 of 2001 is the treatment of technical knowhow fees. I find from the record that the petitioner had disclosed all materials facts relating to technical knowhow fees before the Assessing Officer in the present assessment year as also for the assessment years of 1993-1994. Therefore, the invocation of the provisions of Section 148 of the Act of 1961 in respect of such head is not called for by the Assessing Officer. So far as excise duty, payment made to club and guest house expenses are concerned, the same were disclosed by the petitioner in its balance-sheet for the relev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssing Officer also. As noted above, since the writ petition is pending for a period in excess of 16 years and since I have taken a view with regard to the invocation of Section 148 of the Act, 1961 by the Assessing Officer in respect of the same assessee in my judgment and order dated May 5, 2016 passed in WP No. 1280 of 2001, I am not inclined to direct the petitioner to avail the procedure laid down in the decisions cited on behalf of the Department. In the facts of the case, I find that the petitioner is not guilty of not disclosing fully and truly all material facts necessary for the relevant assessment year. In such circumstances, I hold that invocation of provision of Section 148 by the Assessing Officer is unwarranted for the r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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