UMA DEVI JHAWAR Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated May 17, 1989, passed by the court of the first instance on a writ petition filed by the appellant. In the said writ petition, Smt. Uma Devi Jhawar, the appellant/writ petitioner challenged the validity of a notice dated March 31, 1976, issued by the Income-tax Officer, "K" Ward, Companies District-I, Calcutta, under Section 148 of the Income-tax Act, 1961 ("the Act"), for the assessment year 1967-68. By the aforesaid judgment and order dated May 17, 1989, the said writ petition was dismissed.

(2.) Shortly stated, the facts are that in the year 1964, the writ appellant purchased a piece of land at No. 24B, Carcha Road, Calcutta (also numbered as 51E, Gariahat Road, Calcutta), for a consideration of Rs. 86,000. In July, 1966, the appellant started construction of a house thereon which was completed in October, 1968. The said building was constructed at a total cost of Rs. 1,46,363.11 paid by the appellant in four years from 1967 to 1970.

(3.) In the course of the assessment proceedings for the said assessment year 1967-68, the appellant furnished details of the said cost of construe tion in each year and also filed a valuation report dated November 21, 1968, of J. Ganguli and Co., surveyor and valuer. In this connection, the appellant also filed a letter dated March 16, 1972, explaining the cost of construction.