UNITECH LIMITED Vs. DEPUTY COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) This is yet another case in the ever increasing number of cases filed before this Court challenging the issuance of notice under section 148 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act').

(2.) The Petitioner filed its return of income for the Assessment Year ('AY') 2008-09 declaring an income of Rs. 1334,87,70,381/-. Its case was picked up for scrutiny and notice was issued to it under Section 143 (2) of the Act. As part of the scrutiny, a questionnaire dated 20th October, 2009 was issued to the Petitioner by the Assessing Officer ('AO') raising various queries. This was duly replied by the Petitioner on 29th October, 2009. Further documents were also submitted on 17th November, 2009 by the Petitioner. An assessment order under Section 143 (3) of the Act was passed by the AO on 30th December, 2009.

(3.) Thereafter, two notices under Section 148 of the Act came to be issued on 31st May, 2012 and 28th March, 2013 for the AY 2008-09. Both these notices came to be challenged by the Petitioner in W.P.(C) Nos. 446/2014 and 4631/2014 which were disposed of by this Court by a common order on 3rd September, 2014. The said order reads as under: