SUMAN STEELS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is a proprietorship concern and is engaged in the business of manufacturing tubular trusses for auction platform on contract basis. The petitioner filed a return of income for the asst. yr. 1995-96. The return of the petitioner was processed under S. 143(1)(a) of the IT Act (hereinafter referred to as 'the Act') and refund was granted to the petitioner. The petitioner has been served with a notice under S. 148 of the Act for the asst. yr. 1995-96. In the present writ petition, the petitioner is impugning the notice issued under S. 148 of the Act.

(2.) THE petitioner states that respondent No. 4 while issuing notice has claimed to have reason to believe that income of the petitioner for the asst. yr. 1995-96 has escaped assessment within the meaning of S. 147 of the Act. In the notice, it is stated that respondent proposes to reassess the petitioner. The petitioner was required to file return within 31 days from the date of service of the notice under S. 148 of the Act. The petitioner submitted Annexure P/3 whereby he demanded copies of certain documents. In this reply, it was also stated by the petitioner that the original return already filed by the petitioner may be considered as return in response to notice under s. 148 dt. 15th May, 2001. The petitioner prayed for supply of copy of reasons recorded in support of issuance of notice. The request of the petitioner was accepted and authorised representative of the petitioner was permitted to go through the reasons recorded by the respondent No. 4.

(3.) THE respondents have put in appearance and had contested the writ petition. The stand of the respondents is that petitioner has only come against notice under S. 148 of the Act. The reassessment has not been done so far. If he has any grievance against the proposed reassessment, then he can contest the same before the Departmental authorities. The respondents have further asserted that AO had reason to believe that income has escaped assessment and it is after recording of reasons, notice has been given.