Ghose, J. - (1.) This is an application made by the petitioner for the issue of a writ in the nature of mandamus commanding the respondent to withdraw or cancel the notice dated March 19, 1969, issued under Section 148 of the Income-tax Act, 1961, for the assessment year 1960-61. The application also seeks for the issue of a writ in the nature of certiorari, inter alia, for quashing or setting aside the said impugned notice.
(2.) The petitioner is a partnership firm registered under the Indian Partnership Act. The petitioner is also registered under the provisions of the Income-tax Act. The partners of the petitioner are Biswanath Samanta, Tarapada Daw and Prasanta Samanta. For the assessment year 1960-61 the Income-tax Officer, A-Ward, Special Survey Circle II, Calcutta, completed the assessment of the petitioner under Section 23(3)/ 23(5)(a) of the Indian Income-tax Act, 1922. The petitioner, it is stated, at the time of the said assessment furnished to the assessing Income-tax Officer all challans and particulars relating to all primary and relevant facts that were necessary to be ascertained for the purpose of assessing the income of the petitioner for the said assessment year. On March 24, 1969, the petitioner received a notice dated March 19, 1969, issued under Section 148 of the Income-tax Act, 1961 (hereinafter referred to as "the new Act") for the assessment year 1960-61, calling upon the petitioner to submit a fresh return in the prescribed form to the respondent No. 1 of its income for the very same assessment year 1960-61. The reasons for issuing the said notice under Section 148 of the new Act have been stated in paragraph 3 of the affidavit of Dhiresh Chandra Bose affirmed on January 19, 1973. The said reasons are set out hereunder : "The assessee was assessed on a total income of Rs. 19,420 as per the original assessment on 12th December, 1960. At the time of the original assessment proceedings the assessee's hundi loan transactions with the various parties were accepted to be genuine as per the assessee's books of accounts without detailed enquiry. During the course of subsequent years' assessment proceedings it was, on investigation, known that the assessee's hundi loan transactions with the following parties were of bogus character: JUDGEMENT_331_ITR92_1973Html1.htm Thus it is seen that at the time of the original assessment, the assessee failed to disclose its income from other sources representing unaccounted money introduced in the shape of bogus loans."
(3.) In short, the deponent in the aforesaid affidavit has disclosed the following reasons for the issue of the said notice under Section 148. of the new Act: (1) At the time of the original assessment the assessee's hundi loan transactions with various parties were accepted as genuine without detailed enquiry; (2) During the course of subsequent years' assessment proceedings it was found on investigation that the assessee's hundi loan transactions with the parties mentioned in paragraph 3 of the said supplementary affidavit of Dhiresh Chandra Bose affirmed on January 19, 1973, were bogus; and (3) At the time of the- original assessment, the assessee failed to disclose its income from other sources representing unaccounted money introduced in the shape of bogus loans.;