- (1.)Heard learned Counsel for the petitioner, Sri Prashant Kumar, learned Counsel for the respondent Nos. 2 and 3.
(2.)Through the instant writ petition under Article 226 of the Constitution of India, the petitioner, who is engaged in the business of undertaking renovation and modernization of existing network of transmission or distribution lines, challenges the notice dated 13.1.2012 issued under Section 148 of the Income-tax Act, 1961 by the Deputy Commissioner of Income Tax, Circle Sultanpur (respondent No.2) contained in Annexure No.2 to the writ petition, whereby the petitioner was informed that the Deputy Commissioner of Income Tax (respondent No.2) has reasons to believe that certain income of the petitioner for Assessment Year 2006-2007 has escaped assessment.
(3.)Shorn off unnecessary details the facts of the case are that the petitioner's Company had filed return of income for Assessment Year 2006-2007 in terms of Section 139 (1) of the of the Income Tax Act, 1961 (hereinafter referred to as the "Act"). The case of the petitioner was selected for scrutiny assessment and statutory notice was also issued under Section 143 (2) of the Act. During the course of assessment proceedings, the claim of deduction under Section 80-IA of the Act was examined by the respondent No.2 and on examination, it was allowed. Consequently, the assessment of Assessment Year 2006-2007 was concluded vide order dated 21.3.2007 under Section 143 (3) of the Act.