ITO CALCUTTA Vs. KAMAL SINGH RAMPURIA

JUDGEMENT

(1.) This is an appeal filed by the Revenue. The respondent was assessed by the Income Tax authorities. He was served with a notice under Section 148 of the Income Tax Act, 1961 dated 28-4-1972 for the Assessment Year 1959-60. The sole plea of the respondent was that there was no basis or jurisdiction to issue such a notice. The learned Single Judge of the Calcutta High court declined to accept the plea of the respondent. In appeal, the division bench, after elaborate consideration of the matter held that the record will show that all relevant materials were produced by the assessee during the original assessment and there has been no failure on his part to disclose primary or material facts for effecting the assessment. On this basis, the division bench held that the proceedings initiated under Section 147 of the Income Tax Act were unsustainable and without jurisdiction.

(2.) Heard counsel and perused the relevant records.

(3.) We are of the view that the finding of the division bench that all primary or material facts were placed before the officer during the original assessment is unassailable. In such circumstances, notice issued to the respondent/assessee under Section 147 of the Act cannot be sustained. The division bench was, therefore, right in its reasoning and conclusion, to hold in favour of the respondent (assessee). We decline to interfere in this appeal. The appeal is, therefore, dismissed.