SURYAKANT Vs. DEPUTY COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) HAVING heard the learned counsel for the petitioner and having perused the record of the case, I find absolutely no merit in this writ and hence it deserves dismissal in limine.

(2.) WHAT is challenged in this writ by the petitioner is a notice, dt. 30th Jan. , 2003 (Annexure P/12), issued by the AO under Section 142 of the IT Act r/w Sections 158bc (b) and 158bd ibid. It is not in dispute that pursuant to impugned notice issued, the petitioner has filed reply to the notice on 3rd March, 2003, (Annexure P/13 ). It is then the petitioner has come to this Court and has sought quashing of such notice. I do not wish to burden my order with entire facts which are sought to made subject-matter of petition as it will simply add to confusion without adding anything useful in its disposal. That apart, it is really not necessary to so narrate the facts in view of the short controversy raised by the petitioner in assailing the impugned notice. Suffice it to say the entire facts and the chequered history which led the AO to invoke the provisions of Section 142 read with provisions relating to block assessment as contemplated under Section 158bd ibid have been succinctly recapitulated by the AO in the impugned notice.

(3.) IN my considered view, the AO was perfectly within his jurisdiction to invoke the powers conferred on him under Section 142 ibid. It cannot be disputed that by virtue of Section 158bc (b) ibid, the provisions of Section 142 ibid are also made applicable to cases falling in Chapter XIV-B i. e. , special procedure for assessment of search cases. The powers conferred under Section 142 are only in the nature of holding an inquiry before assessment. Such power cannot be questioned as being without jurisdiction. It is within the power of AO to serve a notice to seek information necessary for making assessment. As observed supra the petitioner has already subjected himself with the notice and filed reply in answer to the queries made by AO in the notice. It is now for the AO to decide what action is to be taken and in what manner after taking into account the reply filed by the petitioner.