VINEET KOTHARI, J. - (1.) THESE two writ petitions have been filed by the petitioner-assessee challenging the reassessment proceedings under S. 147/148 of the IT Act, 1961 (for short, hereinafter referred to as 'Act of 1961') for the asst. yr. 2006-07.
(2.) THE matter arises on account of difference in the cost of construction of a hotel building by the assessee during this assessment year in which the assessee disclosed the cost of construction at Rs. 38,92,848 whereas upon reference to the Departmental Valuation Officer, Ajmer (DVO) in accordance with provision of S. 142A of the Act of 1961 inserted by Finance Act No. 2 of 2004 with retrospective effect from 15th Nov., 1972, the said DVO on 22nd Dec., 2009 estimated the cost of construction of the hotel building at Rs. 1,17,92,000. Thus, to assess the difference amount of Rs. 78,99,152 vide Annex. 6 (Rs. 1,17,92,000 - Rs. 38,92,848) as undisclosed income under S. 69B of the Act of 1961, the assessing authority initiated the impugned reassessment proceedings. The notice under S. 148 of the Act for the said purpose was issued to the petitioner-assessee vide Annex. 4 dt. 24th Feb., 2010, against which the petitioner filed a preliminary reply vide Annex. 5 dt. 8th March, 2010 that he has already filed return of income for the asst. yr. 2006-07 on 27th Dec., 2006; and the assessee also asked for the reasons for reopening, and the said reasons as recorded on 23rd Feb., 2010, were accordingly supplied to the petitioner vide Annex. 6 recording the aforesaid reasons for reopening of assessment proceedings. A notice under ss. 143(2) and 142(1) of the Act along with valuation report was sent to the assessee vide Annex. 7 on 6th Sept., 2010, upon which the assessee again filed preliminary objections before the assessing authority vide Annex. 8 dt. 27th Oct., 2010. The assessing authority overruled the said preliminary objections and a communication Annex. 9 dt. 23rd Nov., 2010 in this regard was sent to the assessee asking him to appear before the assessing authority on 29th Nov., 2010 at 11.00 am.
(3.) THE assessee instead of filing his reply on merits or raising his objections against the assessment under s. 69B of the Act, filed the present writ petition (S.B. Civil Writ Petn. No. 11092 of 2010) on 26th Nov., 2010, on which show-cause notices were issued to the respondents on 29th Nov., 2010 itself.;