2002 (12) TMI 638

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..... s on 27-1-1988. Subsequently, a letter was issued to the assessee in which it was said that on the basis of a statement made by the Chief Executive of the respondent Company in the course of the hearing of the assessee's case for Assessment Year 1986-1987, the assessing officer has reasons to believe that the assessee had suppressed stock in respect of the accounting year ending on 30-6-1984 .....

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..... ee had disclosed all material particulars before the authorities concerned and that, therefore, there was no basis for the assessing authority to initiate proceedings under Section 148 of the Act. The view of the learned Single Judge was upheld in appeal by the Division Bench of the High Court. ( 2. ) In our view, the High Court has proceeded on erroneous basis not only on the facts but also on .....

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..... in respect of which no supply had been made. The outstanding advance should have represented the amount of stock remaining with the assessee out of the actual stock verified at the time of making of the advance. At least this appears to be the basis upon which the assessing authority noted that instead of the aforesaid, in the return of the assessee, the assessee had shown a closing stock of only .....

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..... o by the learned Single Judge or by the Division Bench of the High Court. It is well settled that at the time of considering whether the show-cause notice should be quashed or not, if it is not a question of e jurisdiction, the facts as stated in the show-cause notice, must be taken as correct. ( 4. ) Apart from the factual aspect it also appears that the High Court has erred in law and it has .....

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..... t be restored. We make it clear that the assessee's contention that the statement of its Chief Executive was incorrect or in any event has been misunderstood is left open for being decided in the proceedings under Section 148 of the Act as may be commenced on the basis of the impugned notice. ( 7. ) The appeal is allowed. The order of the High Court is set aside, The proceedings under Secti .....

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