ABP LTD Vs. JOINT COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) The writ petitioner is aggrieved by the notice issued by the tax authority under Section 148 of the Income-tax Act, 1961, for reopening the case regarding the assessment year 1994-95. The notice for reopening was issued on September 27, 2000, i.e., after four years.

(2.) There is no dispute that on the basis of the revised return submitted by the petitioner in accordance with law the assessment order for the assessment year in question was made by the Assessing Officer on December 27, 1996/January 3, 1997. In the order, the Assessing Officer went to record :

(3.) On the basis of the findings recorded in his order the Assessing Officer granted the petitioner their claim of tax benefit on account of purchase of machinery for scientific research and development work. The order of the Assessing Officer attained finality and it was not questioned by either of the parties in any manner, till the time the authority issued the impugned notice dated September 27, 2000, seeking to reopen the case. Along with the opposition filed by the Revenue the reasons recorded by the Joint Commissioner of Income-tax, Special Range, on September 25, 2000 have been produced, and they are :