9911796707
TMI Blog2006 (9) TMI 173X X X X Extracts X X X X X X X X Extracts X X X X ..... . JUDGMENT RAJESH BINDAL J.— This is a petition, whereby the petitioner has invoked the extraordinary jurisdiction of this court under article 226/227 of the Constitution of India praying for quashing of the notice dated June 2, 1987, (annexure P-4), issued under section 148 of the Income-tax Act, 1961 (for short, "the Act"). Further prayer is for restraining the respondents from taking any further action in pursuance of the said notice. 2. Briefly, the facts, as pleaded in the petition, are that the petitioner is an income-tax assessee having his main source of income as rent from property known as SCO-49-50-51, Sector 17C, Chandigarh. The petitioner is the owner to the extent of half share in the said property. Besides this, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner approached this court by filing the present petition, while further proceedings before the Assessing Officer in pursuance of the notice issued under section 148 of the Act after filing of return by the petitioner were in progress. As is evident from the petition, the petitioner did not file any reply before the authority taking any objection against initiation of proceedings under section 148 of the Act. 4. In the petition, challenge to the notice issued under section 148 of the Act is on the ground that no reasons have been recorded before issue of notice, which is statutory requirement. Further, it is pleaded that the petitioner has never failed or omitted to disclose the material facts fully or truly which are necessary for asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utney at the very out-set cited a judgment of the hon'ble Supreme Court in GKN Driveshafts (India) Ltd. v. ITO [2003] 259 ITR 19, wherein it was observed as under (page 20) "We see no justifiable reason to interfere with the order under challenge. However, we clarify that when a notice under section 148 of the Income-tax Act is issued, the proper course of action for the noticee is to file a return and if he so desires, to seek reasons for issuing notices. The Assessing Officer is bound to furnish reasons within a reasonable time. On receipt of reasons, the noticee is entitled to file objections to issuance of notice and the Assessing Officer is bound to dispose of the same by passing a speaking order. In the instant case, as the reas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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