SUDHIR KAPOOR Vs. INCOME TAX OFFICER AND ORS.

JUDGEMENT

(1.) THIS judgment shall dispose of a bunch of 6 writ petitions bearing CWP Nos. 5282, 5283, 5285, 5309, 5311 & 5313 of 2014, involving common questions of law and facts. However, to dictate orders, facts have been taken from CWP No. 5282 of 2014 titled Sudhir Kapoor v. Income Tax Officer, Panipat & another, pertaining to the assessment year 1996 -97.

(2.) CHALLENGE in the present writ petition is to the order dated 17.02.2006 (Annexure P8), vide which, the Commissioner of Income Tax, Karnal (for short, the 'CIT') -respondent No. 2 rejected the objections raised in the revision petitions of the deceased assessee -Hira Lal Kapoor, predecessor -in -interest of the present petitioner. Challenge has also been raised to the order dated 12.09.2013 (Annexure P12), passed by respondent No. 2, under Section 154 of the Income Tax Act, 1961 (for short, the 'Act'), whereby it was held that the assessee could not point out any apparent mistake in the order passed under Section 264 of the Act, which could be rectified and therefore, the revision petitions filed were rejected.

(3.) A notice dated 11.03.2003, under Section 148 of the Act was issued by recording reasons that 15 acres of land had been acquired and the amount had been deposited in four bank accounts of Panipat and income tax returns had been filed for the assessment years 1994 -95 and 1995 -96 but no return for income had been filed for the year 1996 -97. As per the reasons, the quantum of income which had escaped assessment was Rs. 2,54,659/ - for the period from 01.04.1995 to 31.03.1996, relevant to assessment year 1996 -97. On account of the reason to believe that due to the failure on the part of the assessee to file his income tax returns for the said years and for the said amounts, permission was sought by the Income Tax Officer, Panipat (for short the 'ITO') -respondent No. 1, to assess the escaped income. The deceased -assessee, vide objections dated 26.02.2004, through the present petitioner, filed objections wherein reliance was placed upon the judgment of the Apex Court in K.M. Sharma v. Income Tax Officer, Ward 13(7), New Delhi : AIR 2002 SC 1715 on the ground that Section 149 of the Act prescribes a maximum period of 4 years for initiating reassessment proceedings and the quantum of tax had to be of more than Rs. 1 lac for that year. The assessment proceedings for the year 1996 -97 to 1999 -2000, was accordingly, sought to be dropped wherein the objection was taken that the assessment proceedings for the year 1996 -97 and 1998 -99 were time -barred. Similar objections were also sent on 27.02.2004. However, assessment order was passed on 19.03.2004 (Annexure P6).