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Supreme CourtDivision Bench(1999) 02 SC CK 0006

Income Tax Officer vs Saradbhai M. Lakhani and Another

Supreme Court Of India · Decided on 12 February 1999 · Citation: (2000) 161 CTR 298 : (2000) 243 ITR 1(2) : (2000) 10 SCC 371

HON’BLE JUDGES
S. Rajendra Babu, J · B. N. Kirpal, J
RESULT
Disposed Of
CASE NUMBER
Civil Appeals Nos. 837-38 Of 19991
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Judgment

9 paragraphs · 372 words
1.

Special leave granted.

2.

Heard the learned Attorney-General for the appellant.

3.

This is an appeal against the judgment of the Gujarat High Court which had allowed a writ petition filed by the respondent who had challenged the notice issued u/s 148 of the income tax Act, 1961, whereby the respondent's assessment in respect of the year 1988-89 was sought to be reopened.

4.

The reason for reopening of the assessment was that the Gujarat High Court in Banyan and Berry Vs. Commissioner of Income Tax, , had held that after dissolution of the partnership firm, the assessment could be only in the hands of the erstwhile partners.

5.

The income was computed on the basis of the award of the arbitrator in favour of the firm. The amount received was apportioned amongst the partners and it is on this basis that the income was sought to be assessed in the hands of the partners.

6.

The High Court quashed the notice u/s 148 by observing that in the absence of mention of the judgment of the Gujarat High Court in Banyan and Berry Vs. Commissioner of Income Tax, , it was not open to the income tax Officer to justify the order by reference to the said decision.

7.

It is evident that the aforesaid view of the High Court is not correct. This court has held that on the basis of the information which is received by the income tax Officer, reassessment proceedings can be initiated. The information which was received by the income tax Officer was the decision of the Gujarat High Court in Banyan and Berry Vs. Commissioner of Income Tax, . When the income tax Officer became aware of this decision, he could initiate the proceedings u/s 147(b) as has been held by this court in A.L.A. Firm Vs. Commissioner of Income Tax, Madras, .

8.

For the aforesaid reasons, we hold that the High Court was not right in allowing the writ petition filed by the respondent. Accordingly, the appeals are allowed and the judgment of the High Court is set aside the effect of which would be that the writ petition filed by the respondent would stand dismissed.

9.

No order as to costs.