ANANT KUMAR SAHARIA Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) BOTH the civil rules were taken up for hearing together since they involve similar questions of fact and law.

(2.) IN both the proceedings the legality and validity of the notice under Section 147 of the INcome-tax Act, 1961, proposing to assess/reassess the income for the assessment year 1985-86 in Civil Rule No. 2228 of 1993 and for the assessment year 1988-89 in Civil Rule No. 2227 of 1993 are questioned.

(3.) THE petitioner, inter alia, challenged the legality of the above notice as illegal and without jurisdiction inasmuch as the condition precedent for the issue of notice under Section 148 was wholly non-existent. THE petitioner further contended that in the absence of any omission or failure on the part of the petitioner to disclose fully and truly all material facts necessary for assessment, the Income-tax Officer did not have any reason to believe that in consequence of the assessee's omission and failure to disclose fully and truly all material facts necessary for assessment of any income for the year in question income had escaped notice and as such the impugned notice is wholly illegal and without jurisdiction and as such the same is liable to be set aside.