SITARAM JINDAL Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) THIS is an application under Art. 226 of the Constitution in the writ constitutional jurisdiction of this Court, inter alia, for the issue of a writ in the nature of mandamus commanding the respondents to cancel or withdraw or rescind the notice dated 28th March, 1970, issued by the respondent No. 1 under s. 148 of the IT Act, 1961, for the asst. yr. 1961-62, for the issue of a writ in the nature of certiorari quashing or setting aside the said notice and also for the issue of a writ in the nature of prohibition commanding the respondents to forbear from giving any effect to the said notice dated 28th March, 1970, issued under s. 148 of the IT Act, 1961, for the said asst. yr. 1961-62.

(2.) THE petitioner at all material times carried on business in co-partnership under the name and style of Jai Bharat Industries, Hissar, in the State of Haryana. THE petitioner also used at all material times to carry on business in speculation in shares in joint-stock companies. THE petitioner was also at all material times a director of Jindal (India) (P) Ltd. during the assessment year with which we are concerned, i.e., 1961-62, which is the accounting year ending 31st March, 1961.

(3.) ON receipt of the said notice the petitioner wrote to the respondent No. 1 denying that the respondent No. 1 had any reason to believe that income of the petitioner for the asst. yr. 1961- 62 had escaped assessment. The petitioner further denied in the said letter that the respondent No. 1 had any material before him on which the respondent No. 1 could have any reason to believe that the petitioner's income had escaped assessment. The petitioner by the said letter asked respondent No. 1 to cancel or withdraw or rescind the said notice.