VIRENDRA KUMAR Vs. N K VOHRA

JUDGEMENT

(1.) BY this Petition, the Petitioner is challenging certain notices issued by the Commissioner of Income Tax and Wealth Tax dated 9th February, 1990 and 13th March, 1990 under Section 25(2) of the Wealth Tax Act, 1957 and 263 of the Income Tax Act,1961 respectively, for the assessment year 1980-81 to 1986-87 i.e. for a period of seven years seeking to revise the earlier Assessment Orders. When the aforesaid seven notices dated 9th February,1990 and 13th March, 1990 issued under the aforesaid provisions of the Income Tax and Wealth Tax, were challenged by this Petitioner and the same was pending in this Court, the Respondent No.1 proceeded further and passed a revised assessment order with regard to all the aforesaid seven assessment years by seven different orders of the same dated 13th March, 1990 revising the aforesaid assessment.

(2.) THE brief facts are, the Petitioner-Assessee in the instant case, is doing various types of construction work for the State of Maharashtra i.e. through P.W.D or Bombay Municipal Corporation. It appears that the Assessee was not maintaining regular books of accounts, as he had to deal with innumerable persons and on number of occasions cash payments were being made to various labourers etc.

(3.) AS far as A.Y.1996-97 to 1998-99 i.e. for 3 years are concerned, the Assessee had approached the Settlement Commission and the Settlement Commission had accepted computation at 8% of the receipts. For further more seven years i.e. 1999-2000 to 2005-2006 an assessment has been made at 8% and the same has been accepted by the Department and no Appeal has been preferred against the same.