AI Structured Summary
Not yet generated for this judgment
Judgment
By this petition, the petitioner seeks a writ of certiorari, quashing the notices dated November 18, 1996, u/s 148 of the Income Tax Act, 1961, for the assessment years 1990-91, 1991-92, and also the notices dated September 6, 1996, issued under the same provision for the assessment years 1992-93, 1993-94, 1994-95 and 1995-96.
Learned counsel for the petitioner submits that the petitioner filed Income Tax returns for all these years in time and she was assessed to tax u/s 143(1)(a) of the Act but subsequently notices have been issued u/s 148 of the Act on the basis of the valuer''s report even when the valuer did not give opportunity of being heard before making the report. The valuer''s report is with respect to the investment in the house constructed by the petitioner. In our view, no notice was required to be given before the issuance of notice u/s 148. We are not impressed with the contention that the impugned notices have been issued by the Assessing Officer without there being any reason to believe that any income chargeable to tax had escaped the assessment. However, the petitioner will have opportunity to contest the correctness of the valuer''s report during the course of assessment proceedings in pursuance of the notices u/s 148.
The petition is dismissed in limine.