J P BAJPAI Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) This writ petition has been filed for a writ of certiorati to quash the impugned notices under Section 148 of the IT Act, dt. 27th March, 1987 and 29th March, 1988, for asst. yrs, 1978-79 and 1979-80 respectively and for quashing the notice under Section 143(2), dt. 22nd Feb., 1990.

(2.) Heard learned counsel for the parties.

(3.) The petitioner is an HUF which owns residential house at Etawah and receives rental income. It is alleged in para 2 of the petition that the Karta of the HUF, Mr. J.P. Bajpai is occupying the said premises for his individual use (office purpose) for which he pays Rs. 500 per month. It is alleged that the petitioner does not have any income from any other source. It is alleged in para 3 of the petition that one M/s Atul Traders which is a partnership concern in Etawah, and managed by Sri Om Prasad Purwar, fraudulently and without the consent of the petitioner started an account in the books of his firm styled as J.P. Bajpai, HUF, Etawah. It is alleged in para 4 of the petition that the aforesaid amount allegedly shown deposited in the books of M/s Atul Traders has never been deposited by the petitioner but M/s Atul Traders fraudulently and with nefarious design has illegally shown the bogus deposit in the name of the petitioner on the liability side of its balance sheet.