LATA CHOUHAN Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) THE decision rendered in this writ shall also govern disposal of connected writ petition being Writ Petn. No. 9532 of 2003 because both these writ petitions involve common questions of facts and law and secondly, both are filed by the same petitioner except the difference between the 2 writs is that of assessment years.

(2.) BY filing this writ under Article 226/227 of Constitution of India, the petitioner (assessee) seeks to challenge the notice dt. 14th March, 2002 (Annex. P -l) issued by ITO (respondent) under Section 147 of IT Act in respect of asst. yr. 1997 -98. The petitioner also seeks to challenge the order dt. 20th Jan., 2003 (Annex. P -2) passed by ITO by which objections raised by petitioner against the issuance of impugned notice have been rejected. Notice of this writ was issued to respondent i.e., IT Department. They have defended the issuance of notice so also overruling of the objections raised by petitioner.

(3.) THE petitioner filed her return for the asst. yr. 1997 -98 (1st April, 1996 to 31st March, 1997). On 25th Nov., 1999 a survey under Section 133A of the Act was conducted by sleuths of IT Department in the business premises of petitioner. In course of survey, it was noticed that petitioner had made substantial investment in the construction of her hospital building. It was estimated by ITO at Rs. 27,70,000 whereas as per return, the petitioner had disclosed much less i.e., around Rs. 3,65,310. A notice for reassessment was accordingly issued by respondent under Section 147 ibid. The reasons for issuance of notice were contained in Annex. P -1A. It is this notice which is sought to be impugned in this writ by an assessee.