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2002 Supreme(Cal) 181

AMITAVA LALA
ASHOKA MARKETING LIMITED – Appellant
Versus
INCOME TAX OFFICER,Ward 7 (1),Kolkata – Respondent


AMITAVA LALA, J.

( 1 ) THIS writ petition is made by the pen of one of the Directors of the petitioner company. From the record I do not find any affidavit of competency.

( 2 ) ACCORDING to the petitioner, the moot point of moving this writ petition is that the notices issued under section 143 (2) and 142 (1) of the Income Tax Act, 1961 both dated 12th February, 2002 in connection with the proceedings for assessment year 1975-76 shall be cancelled, withdrawn and rescinded by the order or orders of this Court.

( 3 ) ON 31st October, 1975 the petitioner company filed a return of income for the assessment year 1975-76 showing the income of Rs. 47,480/ -. On 11th October, 1977 the petitioner company filed a revised return showing a loss of Rs. 5,55,770/ -. On 5th October, 1978 a draft order of assessment was sent by the Income Tax Officer under Section 144b, then existing, as the variation proposed to be made by the Income Tax Officer exceeded a sum of Rs. 1,00,000/ -. On 18th October, 1978 the petitioner sent an objection under Section 144b (2) of the Act in respect of proposed draft order of assessment. On 19th January, 1979 appropriate Assistant Commissioner of Income Tax gave hea









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