PAULSONS LITHO WORKS Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) THE above writ petitions have been filed by one and the same writ petitioner, though relating to different assessment years, viz., 1987-88 to 1990-91, respectively, for writs of mandamus directing the third respondent to pass appropriate orders, staying the collection of the disputed tax and interest relating to those assessment years. Before adverting to the grievance and the contentions of the respective parties, it would be useful to refer to the circumstances which led the petitioner to approach this court. THE petitioner is a partnership firm and was said to be an assessee on the file of the first respondent, holding permanent account No. 49-001-FV-2540. THE petitioner was carrying on business of printing and sale of labels during the relevant assessment years, and according to the petitioner, it has been regularly submitting the return of income. THE assessment relating to the petitioner was also said to have been completed up to the assessment year 1992-93 and the petitioner's return for the year 1993-94 is under preparation for being filed.

(2.) SO far as the assessment years 1987-88, 1988-89 and 1989-90 are concerned, the petitioner was said to have been assessed on the basis of its returns under section 143(1)(a) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), as hereunder : <FRM>JUDGEMENT_676_ITR208_1994Html1.htm</FRM>

(3.) THEREUPON, it appears the petitioner filed petitions before the third respondent, the appellate authority, seeking stay of collection of the disputed tax and interest, which is said to be directly the subject-matter in issue raised and pending in the appeals before the third respondent. While the matter stood thus, the first respondent appears to have issued a notice under section 226(3) of the Act to the bankers of the petitioner, calling upon them to deposit all the moneys held by them on account of the petitioner to the Income-tax Department in settlement of the above-referred tax liability of the petitioner.