9911796707
TMI Blog1971 (1) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... SABYASACHI MUKHARJI J. - In this application the petitioner challenges the notice issued under section 148 of the Income-tax Act, 1961, in respect of the assessment year 1960-61. For the aforesaid assessment year the petitioner had been given development rebate in respect of certain machinery in the original assessment. It is the case of the petitioner that these machinery were brought into use in the year prior to the previous year relevant for the present assessment year. In that year before the Income-tax Officer, according to the assessee, the assessee had produced all the relevant documents showing that these machinery had been brought into use by the petitioner and the petitioner was entitled to claim development rebate in accordan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner, contended, firstly, that the original Income-tax Officer had not filed any affidavit to controvert the assertion made on behalf of the petitioner that at the time of the original assessment the petitioner had produced all relevant facts. In the context of the facts of this case I do not think that fact is very relevant. In the affidavit of the accountant of the petitioner in support of this application no particulars have been given of what discussion took place with the Income-tax Officer at the time of the original assessment. When there is a dispute as to the question whether a particular objective fact had been disclosed or not at the time of the original assessment, the fact that the Income-tax Officer who has made the or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... history of the case was produced before me as well as recorded reasons. The said brief history of the case as well as the recorded reasons were shown to the learned counsel for the respondent. In the brief history it has been stated as follows: For some time past the Fraud section of the special police establishment and the company law administration have been making enquiries into the affairs of this company. In August, 1964, information was received from the special police establishment that purchases of new machineries amounting to Rs. 2,05,622, shown by the assessee in its books for the previous year relevant to the assessment year 1956-57 were not actually made. The company had claimed depreciation and development rebate on the afore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owed in the assessment. The income of the assessee has accordingly escaped assessment due to its failure to disclose fully and truly all material facts necessary for the purpose of assessment." Learned counsel for the respondent wanted opportunity to file an affidavit. I am, however, unable to accede to his prayer to give him an opportunity to file an affidavit. In this application I am concerned with the belief of the Income-tax Officer on the basis of the aforesaid information alleged to have been received by the income-tax department. I am only concerned, to see whether in fact " there were some reasonable grounds for thinking that there had been any non-disclosure as regards any primary fact, which could have a material bearing on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be proved by evidence is not necessarily an inferential fact. Therefore, in the context of the allegations made it is not possible to accept the contention of Dr. Pal. I am not, in this case, concerned with the truth or otherwise of the present information received. If the present information received is true then it would be unreasonable to say that the petitioner had disclosed truly and fully all primary facts. In that view of the matter the conditions precedent required for the issue of the notice have been fulfilled. The contention urged on behalf of the petitioner cannot, therefore, be accepted. The application, therefore, fails and the rule nisi is hereby discharged. There will be no order as to costs. Interim order, if any, is v ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
