B.T. Shanker Hegde vs Income Tax Officer

S.R. Rajashekharamurthy, J.—The notice issued u/s 148 of the income tax Act, 1961 (''the Act'') and another notice issued u/s 16(2) of the Wealth-tax Act, 1957, are challenged in these writ petitions. Emergent notice had been ordered by this Court regarding rule. Shri Srinivasan, the learned counsel for the department has appeared and produced the records relating to the issue of the notice u/s 148. Though several grounds are urged in the writ petition the reason for issuance of the notice u/s 148 as could be seen from the records is on the basis of the information gathered by the department with respect to an alleged gift made by one Fernand Perreten in favour of the petitioner. I have perused the other reasons recorded by the officer before the issuance of the notice. I am satisfied that there are sufficient reasons for the issue of the said notice. In the result, the challenge made to the notice issued u/s 148 does not survive. The petitioner may, however, file his objections to the said notice and participate in further proceedings.

The next notice that is challenged is the notice issued u/s 16(2) calling upon the petitioner to furnish information in respect of his assessment for the year 1977-78. There is no ground to interfere with the said notice. In the result, writ petitions are dismissed.