SHIRISH C. PARIKH Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) By this petition under Art. 226 of the Constitution of India, the petitioner has challenged the notice dt. 30th March, 2001 issued by the respondent under section 148 of the IT Act, 1961 (the Act) reopening the petitioners, assessment for the asst. yr. 1991-92.

(2.) The petitioner, an individual, filed his return of income for the asst. yr. 1991-92 declaring total income of Rs. 83,400. The case of the petitioner was selected for scrutiny assessment and the assessment came to be framed on 28th Jan., 1994 under section 143(3) of the Act at a total income of Rs. 1,26,120.

(3.) Thereafter, the petitioner received the impugned notice dt. 30th March, 2001 reopening the assessment for the asst. yr. 1991-92. The petitioner requested the respondent to supply the reasons recorded by him for reopening the assessment, pursuant to which a copy of the reasons recorded came to be furnished. Upon perusing the reasons recorded, according to the petitioner the respondent had no jurisdiction to reopen the assessment, he, therefore, filed the present petition challenging the aforesaid notice.