CARLTON OVERSEAS PVT. LTD. Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) THE petitioner by way of this writ petition has sought the quashing of the notice dated 29.1.2007 issued under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as "the Act"), and by which notice, the Assessing Officer (AO) has sought to re -open the assessment with respect to the assessment year 2002 -2003.

(2.) THE petitioner is a Private Limited Company engaged in a business of manufacturing and export of footwear. For the assessment year 2002 -2003 the assessee company filed the return of income on 30.1.2002 declaring an income of Rs. 3,02,91,449/ -. In this return of income the petitioner had claimed deduction under Section 80G, 80HHC and 80IB of the Act. The return of income was filed along with the following documents:

(3.) THE petitioner filed a detailed note on deduction under Section 80HHC and Section 80IB which has been filed as Annexure "A. to the writ petition. The said note justified the entitlement of the petitioner/assessee company for claiming the reliefs under Section 80HHC and 80 -IB. In the last para of the note, it was specifically stated that where there are two reliefs, each relief under a different section, then, the relief should be calculated independently subject only to the condition that aggregate of both the reliefs should not exceed the income of the undertaking. Other portion in the note shows the claim of the assessee to get a double deduction under both the heads and that calculation of relief has to be done independently.