CIT Vs. S. GOYANKA LIME AND CHEMICALS LTD.

JUDGEMENT

(1.) AS common questions of law and fact are involved in all these appeals filed under section 260 -A of the Income Tax Act, 1961 (hereinafter referred to as the 'Act'), all the appeals are being decided by this common order.

(2.) CHALLENGE in all these appeals are made to concurrent orders passed by the Commissioner (Appeals) and the Income Tax Appellate Tribunal, Jabalpur in the matter of quashing notices issued under section 148 of the Act.

(3.) A search was conducted at the residential and business premises of the assessee on 12.12.2002. Thereafter, notice for block assessment under section 158 -BC was issued for the block period 1.4.1998 to 12.12.2002 and for each of the assessment years, returns were filed which were processed under section 143(1). However, notice under section 148 was issued by the Assessing Officer on 31.12.2004, on the basis of certain reasons recorded. The assessee objected to the same before the Assessing Officer, this was rejected by the Assessing Officer and he completed the assessment under section 143(3) read with section 147, of the Act. Appeals were filed before the Commissioner of Income Tax (Appeals) and the Appellate Authority found that the reason recorded by the Joint Commissioner of Income Tax, for according sanction, it only stated that 'I am Satisfied'. As this action for sanction was without application of mind and as this was done in a mechanical manner, following the law laid down in the case of Arjun Singh Vs. Assistant Director of Income Tax (MP), reported in : [2000] 246 ITR 363, the Commissioner quashed the notice under section 148, of the Act, and the same having been upheld by the Appellate Tribunal, these appeals have been filed.