Cit vs G.K.N. Dirveshafts (India) Ltd.
2002 Latest Caselaw 162 Del

ORDER

This petition is directed against the notices issued to the petitioner under sections 148 and 143(2) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'). In the petition itself the reason for issuing the notice under section 148 has been incorporated. The same reads as under :

"assessed has made provision of warranty in the balance sheet which does not clearly show that whether it is just a provision or carry forward provision plus current provision minus actual claims. Since, full details have not been filed by the assessed during the course of assessment proceedings, I have reason to believe that income to the extent of Rs. 50,79,652 shown as provisions in the balance sheet without any specific details has escaped assessment. Issue notice under section 148."

2. Notice under section 143(2) has been issued because on certain points in connection with the return of income further information is required by the department. All what the petitioner is agitating before this court can be submitted by filing reply to the notices before the concerned officers.

2. Notice under section 143(2) has been issued because on certain points in connection with the return of income further information is required by the department. All what the petitioner is agitating before this court can be submitted by filing reply to the notices before the concerned officers.

3. In our considered opinion, the petitioner is not justified in invoking the extraordinary jurisdiction of the court at this stage. The writ petition is premature and is dismissed as such.

3. In our considered opinion, the petitioner is not justified in invoking the extraordinary jurisdiction of the court at this stage. The writ petition is premature and is dismissed as such.

4. CM No. 1226 of 2002 is also disposed of accordingly.

4. CM No. 1226 of 2002 is also disposed of accordingly.