Y.R.Meena,J. - (1.) This appeal is directed against the impugned judgment of a learned single judge dated March 23, 1988. The main grievance of the appellant before the learned single judge was that the Income-tax Officer had no jurisdiction to issue notice under Section 148 of the Act of 1961. The notice should be quashed. The petition of the appellant was dismissed by the learned single judge on two grounds. Firstly, the learned judge was of the view that the wrif petition is premature and the assessee has alternate remedy. Therefore, no relief can be granted under article 226 of the Constitution of India.
(2.) The assessment year is 1984-85. The previous year ended on December 31, 1983. The assessment was made under Section 143(3) of the Act of 1995, on March 27, 1986. The notice under Section 148 of the Act has been issued on March 28, 1995, for reopening of the assessment, as income escaped assessment on two items, i.e., (1) Rs. 38,435 relating to alleged under-invoicing, and (2) Rs. 37,77,395 in respect of claim for depreciation on generators.
(3.) The assessee is a manufacturer of tyres and during the relevant year two manufacturing units were under operation and the third unit which was under construction came into commercial operation only after the end of the relevant previous year, namely, December 31, 1983. It is also pertinent to note that the assessee did not claim any depreciation in respect of the third unit except on generators and the building in which such generators were installed.;