Punjab-Haryana High Court
Kapur Sons Steels Pvt. Ltd. vs Assistant Commissioner Of Income-Tax ... on 4 September, 2003
Equivalent citations: [2004]266ITR478(P&H)
Author: Hemant Gupta
Bench: Hemant Gupta
JUDGMENT N.K. Sodhi, J.
1. The challenge in this writ petition is to the notice dated March 22, 2002, issued by the Assistant Commissioner of Income-tax, Sangrur, under Section 148 of the Income-tax Act, 1961, informing the petitioner that he has reason to believe that income for the assessment year 1995-96 had escaped assessment within the meaning of Section 147 of the Income-tax Act. On receipt of the notice, the petitioner has filed its return under Section 142 of the Income-tax Act.
2. In view of the law laid down by the Supreme Court in GKN Driveshafts (India) Ltd. v. ITO [2003] 259 ITR 19, the proper course for the petitioner is to file its objections before the assessing authority who will decide the same by passing a speaking order. The present petition under Article 226 of the Constitution is misconceived at this stage. Consequently, the same is dismissed.
3. We, however, make it clear that it will be open to the petitioner to raise all the pleas that are available to it before the competent authority who will decide the same in accordance with law.