K M SCIENTIFIC RESEARCH CENTRE Vs. LAKSHMAN PRASAD

JUDGEMENT

(1.) BY this petition, the petitioner challenges (i) a Notification No. 6551 F. No. 203/23/957, dated January 2, 1986, issued by the Under Secretary to the Government of India withdrawing the approval of the petitioner for the purpose of Sections 35(1)(ii) and 10(21) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), with retrospective effect from January 17, 1980 ; (ii) notices issued by the Income-tax Officer, Faizabad, respondent No. 4, under Sections 148 and 139(2) of the Act; (iii) order dated July 21, 1986, passed by the Commissioner of Income-tax under Section 263 of the Act setting aside the petitioner's assessment for the assessment years 1981-82 and 1982-83 and directing the Assessing Officer to make fresh assessments after making proper enquiries, and (iv) notice issued by the Income-tax Officer 11(3), Kanpur, respondent No. 5, asking for certain information in connection with the assessment for the assessment year 1983-84. A writ of prohibition is also sought to restrain the respondents from taking any further proceedings in pursuance of the various notices mentioned above.

(2.) WE have heard Sri S.P. Gupta, learned senior advocate, assisted by Sri Shakeel Ahmad for the petitioner, and Sri Bharat Ji Agarwal, learned senior standing counsel, for the respondents.

(3.) RESPONDENTS Nos. 1, 2, 3 and 7 have filed a separate counter-affidavit while another counter-affidavit has been filed on behalf of respondents Nos. 5 and 6. An affidavit sworn by Sri Ramesh Chandra Gupta, Inspector of Income-tax, Faizabad, has been filed on behalf of respondent No. 4.