Rupam Jewellery Vs Union of India and Others (Calcutta High Court)
Calcutta High Court held that writ petition is not entertained due to availability of alternative efficacious remedy under the provisions of Income Tax Act against the final assessment order. Accordingly, writ petition dismissed.
Facts- The petitioner had already assessed his income tax return for the assessment year 2006-07 and paid tax accordingly, but despite the final assessment, the Income Tax Department conducted a survey in the business premises of the petitioner on 22.01.2006 u/s. 133A of the said Act. In course of survey and scrutiny of assessment for the annual year 2006-07, the Department allegedly found a large scale of evasion of taxable income. Upon verifying the purchase bills/invoices, a major violation of Section 40A (3) for the Annual Year 2005-2006 was detected.
It is further contended that the ITO further allegedly had reason to believe that the income of the assessee for the assessment year 2005-06 had escaped assessment in terms of Section 147 of the said Act, and a notice was issued u/s. 148 of the said Act and u/s. 142(1) of the said Act, for appearance. Accordingly, the petitioner has filed this writ petition praying for interference of the illegal proceeding initiated against the Petitioner.
