CHIMANLAL Vs. DY. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) Rule. Learned counsel, Mr. Manav A. Mehta, waives service of notice of rule on behalf of the respondent. The petition is taken up for final hearing forthwith.

(2.) The petitioner is a partnership firm and is regularly assessed to tax. The petitioner has challenged a notice dated March 28, 2011, issued by the respondent-Assessing Officer under section 148 of the Income-tax Act, 1961 (hereinafter to be referred to as "the Act"). By such notice, he desired to reopen the assessment of the petitioner for the assessment year 2004-05. At the request of the petitioner, the respondent supplied reasons recorded for such reopening, which read as under:

(3.) The petitioner raised objections to such proposal for reopening under communication dated June 20, 2011. Such objections, however, were rejected by the respondent under order dated August 30, 2011. The petitioner has, therefore, filed this petition challenging such notice of reopening of assessment.