M/S Kwality Glass Work vs Income Tax Officer
2012 Latest Caselaw 2419 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT TAX No. - 760 of 2012
 

 
Petitioner :- M/S Kwality Glass Work
 
Respondent :- Income Tax Officer
 
Petitioner Counsel :- Suyash Agrawal
 
Respondent Counsel :- Bharat Ji Agrawal
 

 
Hon'ble Ashok Bhushan,J.

Hon'ble Prakash Krishna,J.

Connect the present petition with Writ Tax No. 453 of 2012.

Heard Sri Suyash Agarwal for the petitioner and Sri R.K. Upadhyay, Advocate, who appeared for the respondent.

The petitioner's case in the writ petition is that proceeding for re-assessment under section 147 of the Income Tax Act, vide notice dated 28.03.2012 has been initiated without there being any basis.

Learned counsel for the petitioner submits that allegation against the petitioner is that the petitioner has not deducted the tax at source with regard to transportation of Gas which was supplied by GAIL.

Learned counsel for the petitioner submits that on the basis of the reason, given in the notice there can not be any allegation of concealment of income in his return. A perusal of the notice does not indicate any justifiable basis for proceeding under Section 147 of the Income Tax Act.

The Petitioner has made out a prima facie case for grant of interim relief.

Counter affidavit may be filed within four weeks.

List thereafter for admission.

In the meantime, further proceeding in pursuance of the impugned notice dated 28.03.2012 shall remain stayed.

(Prakash Krishna,J)       (Ashok Bhushan,J)

Order Date :- 31.5.2012

MK/