HIMALAYA COMMUNICATIONS LTD. Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) HEARD .

(2.) WRIT petitioner is a Company, incorporated under the Companies Act. It is an Income Tax Assessee. Due to some dispute between the Directors of the Company, negative income tax return was submitted for the accounting year 2001 02, which the Assessing Officer treated as positive income statement and ordered for the payment of certain amount of money, by way of income tax for the said year.

(3.) NOW the writ petitioner has approached this Court, seeking a direction to the respondents not to effect the recovery of the tax assessed by the Assessing Officer and also not to take any proceedings for imposition of penalty in view of the provisions of Section 80 IB of the Income Tax