V K PACKAGING INDUSTRIES Vs. TAX RECOVERY OFFICER

JUDGEMENT

(1.) This writ petition has been filed for a writ of certiorari to quash the impugned notice under Section 226(3) of the Income-tax Act, 1961, vide annexure 5 to the writ petition. The petitioner has also prayed for a mandamus directing respondent No. 1 to refund the amount recovered under the notice under Section 226(3) with interest. The petitioner has also prayed for a direction to respondent No. 1 to refund Rs. 75,000 deposited by the petitioner with interest and has also prayed that respondent No. 3 be directed to decide the appeal of the petitioner on merits expeditiously.

(2.) Heard learned counsel for the parties.

(3.) The petitioner is a registered partnership firm which is doing the business of manufacture of corrugated boxes/card board boxes. The relevant assessment year is 1997-98 and in this year the petitioner filed a return on October 31, 1997, disclosing income of Rs. 27,374.28. The petitioner has alleged that it has maintained regular and proper books of account in the ordinary and regular course of business.