9911796707
TMI Blog1997 (3) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... information with regard to the petitioner's claim for 100 per cent. depreciation allowance amounting to Rs. 35.10 crores in terms of section 32 of the Income-tax Act. The petitioner is aggrieved by certain observations, made in the impugned notice and has come up to this court assailing the very jurisdiction of the Assessing Officer to issue the notice and to call upon the petitioner to furnish the information mentioned in the notice itself. Dr. Pal, learned advocate for the petitioner, has very vehemently contended that the Assessing Officer has not only expressed her mind with regard to the subject-matter of allowing or not allowing depreciation for the 11 lakh electric meters which the petitioner claims to have purchased from the Guja ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... b) not be imposed for failing to give information called for under section 143(2) in connection with the sale and lease back transaction. The details pending are--- (i) whether the electric meters purchased by K.C.T. (C.S.) were already in use, or were brand new; (ii) whether there was physical delivery of the electric meters from Baroda to Bombay and back and proof thereof; (iii) Source of funding of the purchase of electric meters; Compliance is called for on March 13, 1997 at 11. a.m. " The contention of Dr. Pal is that the Deputy Commissioner of Income-tax by using the expression " you are required to show cause why depreciation of sale and lease back transaction not be disallowed in view of the fact that sale and lease back ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the opinion that this again is a case where the petitioner has unnecessarily approached this court by invoking its extraordinary jurisdiction. I am saying so on the basis of the fact that the Assessing Officer has not passed any final order in the matter. She is seized of the assessment proceedings in absolutely the normal course. If in the course of her disposal of assessment proceedings and on consideration of the relevant facts, she finds that she requires certain information from the assessee, she may ask for it. If in some communication, as in the impugned notice dated February 5, 1997, in the present case, she made some remarks or observations with regard to a particular claim of the petitioner, that at best can be termed as her casua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompetent authority under law to decide all these questions and undoubtedly she is supposed to decide them upon due consideration of all facts that are before her and after hearing the petitioner fully and effectively. Her decision on all such questions is always subject to further scrutiny of the first appellate forum and even further appeal before the Income-tax Appellate Tribunal. The petitioner is not without any remedy even if it presumes that the decision of the assessing authority may go against it. I am only referring to the petitioner's apprehension. I am not saying that the decision will or will not go against the petitioner. For all one may say, the Assessing Officer may ultimately decide in favour of the petitioner and may even a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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