9911796707
TMI Blog1998 (2) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... h 41 reads as follows : "In our view, on a very careful consideration, the notices for the assessment years 1969-70, 1971-72 and 1972-73 have to be held to be invalid because the reasons do not have a live link or a close nexus. However, for 1970-71, we have to uphold the notice since in paragraph 3 of that notice reference is made to the two promissory notes which have not been brought into account. That will show that the appellant had not submitted a true and full return and this emission of the appellant will confer jurisdiction on the officers. Therefore, it was held by the Division Bench of this court that the respondent herein had jurisdiction to issue notice for the year 1970-71. In fact, this aspect of the case is not disputed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... R 637 (SC) and pointing out to the same, submitted that no doubt, the Income-tax Officer has got power to issue notice for reassessment, but at the same time, under the guise of reassessment, the Department is not entitled to make a fishing enquiry or an investigation with the object of reviewing the previous order. Therefore, the petitioner submitted that the notice issued by the respondent calling upon the petitioner to produce items Nos. 1 and 2 is not proper. But, at the same time, the petitioner is ready and willing to produce the relevant documents in respect of items Nos. 3 and 4 mentioned in the impugned notice, or any other documents which were not originally verified and assessed for the assessment year 1970-71. In view of the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... graph 3 of that notice reference is made to the two promissory notes which have not been brought into account. That will show that the appellant had not submitted a true and full return and this omission of the appellant will confer jurisdiction on the officer." No doubt, the Division Bench of this court upheld the notice issued for the assessment year 1970-71 and the same is not also in dispute. But, whether the respondent is entitled to add or include items Nos. 1 and 2 which were already produced and assessed for the assessment year 1970-71 is a matter which arises for consideration of this court. In view of the judgment in CIT v. Thanthi Trust [1996] 217 ITR 198 (SC), I am of the opinion that the notice calling upon the petitioner t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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