SHIVALIK BIMETAL CONTROLS LTD Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) This writ petition is directed against the notice dated 28.03.2012 under section 148 of the Income Tax Act, 1961 (hereinafter referred to as "the said Act') whereby the assessment for assessment year 2005-06 is sought to be reopened. The petitioner on receipt of the said notice filed its objections on 08.05.2012. But, those objections were rejected by an order dated 24.08.2012.

(2.) The purported reasons for issuance of the impugned notice under section 148 of the said Act read as under:-

(3.) The learned counsel for the petitioner submits that this is a case where the conditions stipulated in the proviso to section 147 of the said Act would have to be satisfied because the notice has been issued after a period of four years from the end of the relevant assessment year. He further submitted that the conditions stipulated in the proviso are not satisfied and, therefore, the said notice is bad in law.