9911796707
TMI Blog2003 (9) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... - Judge(s) : HEMANT GUPTA., N. K. SODHI. JUDGMENT The judgment of the court was delivered by HEMANT GUPTA J. -Challenge in the present writ petition under articles 226/227 of the Constitution of India is to a show cause notice dated April 30, 2001 (annexure P 11) issued to the petitioner in respect of the assessment year 1998-99 to the effect that income chargeable to tax has escaped assessment within the meaning of section 147 of the Income-tax Act, 1961 (hereinafter to be referred to as "the Act"). The petitioner filed his return of income on October 31,1998, for the assessment year 1998-99 relating to the previous year with effect from April 1, 1997, to March 31, 1998. The income-tax return included the income from house prop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he has not furnished information/ evidence with regard to the claim under section 80HHC as sought for in the letter dated June 16, 2000. But the same was not furnished. Notice under section 148 of the Act was issued for the reason as the petitioner has failed to furnish the necessary evidence to substantiate the deductions claimed. The petitioner has also alleged that earlier the Department has communicated on January 25, 2002, annexure P15, that the case of the petitioner for the assessment year 1998-99 has been selected for scrutiny and sought detailed information on various accounts including the details of vehicles owned by the petitioner and his family members, details of immovable property, etc., etc. The petitioner has thus filed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essment proceedings have become final on account of framing of an assessment under section 143(3) of the Act or on account of non-issue of a notice under section 143(2) of the Act within the stipulated period. It has been found that general inquiry could only be made by the Assessing Officer by issuing a notice under section 143(2) of the Act within the stipulated period. After the expiry of the stipulated period, the Assessing Officer cannot seek material unconnected for the reasons of reassessing the income. In the present case as well the reasons for reassessment is in respect of the claim of the assessee under section 80HHC of the Act. But the Department has sought information in respect of various other issues in respect of which th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ected with the claim of the petitioner of export under section 80HHC cannot be sustained. The said letter to the extent it has sought for the information other than relating to export profit is without jurisdiction and set aside. The Assessing Officer cannot be allowed to make fishing inquiry to probe if any other income has escaped or not. The Assessing Officer will now proceed with the assessment under section 147 of the Act in accordance with the law. It is clarified that the Assessing Officer would be competent to frame assessment and to bring to tax any other item of income which might have escaped assessment and which comes to his notice during the proceedings under section 147 of the Act. The writ petition stands disposed of in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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