AGARPARA JUTE MILLS LTD Vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(1), KOLKATA & ORS
LAWS(CAL)-2019-3-73
HIGH COURT OF CALCUTTA
Decided on March 15,2019

Agarpara Jute Mills Ltd Appellant
VERSUS
Assistant Commissioner Of Income Tax, Central Circle 1(1), Kolkata And Ors Respondents

JUDGEMENT

Subrata Talukdar, J. - (1.)The three writ petitions raise an analogous issue. Such issue pertains to reopening of the Income Tax (IT) assessment of each of the three petitioners by issuing notices of reassessment under Section 148 of the Income Tax Act, 1961 (for short the 1961 Act).
(2.)It is the stand of each of the three writ petitioners that once assessment within the meaning of S/143(3) of the 1961 Act has been closed upon intimation to the Assessee Company/the petitioners in relation to a past assessment year (AY), no notice under S/148 can be issued on the ground that income connected to the past assessment has escaped the attention of the Assessing Officer (AO) unless there is clear proof that there are reasons to believe such escapement on the part of the Revenue over and beyond merely reasons to suspect.
(3.)Since the three writ petitions raise a common issue, i.e. WP 13685(W) of 2018 (WP-I), WP 13686(W) of 2018 (WP-II) and WP 13688(W) of 2018 (WPIII), WP-II, which has been argued first, is taken up for consideration first. The conclusions in WP-II shall hold good for both WP-I and WP-III.


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