CONNECTION Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) By this petition under article 226 of the Constitution of India, the petitioner has challenged notice dated May 28, 2001, issued by the respondent under section 148 of the Income-tax Act, 1961, ("the Act) reopening the assessment for the assessment year 1992-93.

(2.) The petitioner, a registered partnership firm, filed its return of income on October 23, 1992, for the assessment year 1992-93, declaring total income of Rs. 1,44,943. The case was taken up for scrutiny and assessment came to be framed under section 143(3) of the Act at an income of Rs. 1,57,650. Thereafter, by the impugned notice, the assessment for the assessment year 1992-93 has been reopened. Being aggrieved, the petitioner has filed the present petition challenging the notice under section 148 of the Act.

(3.) In response to the petition, the respondent has filed an affidavit-in-reply annexing therewith a copy of the reasons recorded for reopening the assessment. The assessee has filed an affidavit-in-rejoinder to the affidavit-in-reply filed by the respondent.