THE HON’BLE SRI JUSTI CE P.SAM KOSHY AND THE HON’BLE SRI JUSTI CE NARSI NG RAO NANDI KONDA WRI T PETI TI ON No.24621 of 2008

ORDER:

(per the Hon’ble Sri Justice P.Sam Koshy)

Heard Mr. S.Ravi, learned Senior Counsel for the petitioner;

and Ms. J.Sunita, learned Senior Standing Counsel for Income Tax Department appearing on behalf of the respondent.

2. The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India challenging the second notice dated 03.10.2008, passed by the respondent under Section 148 of the Income Tax Act, 1961 (for short the ‘Act’) as illegal, arbitrary and contrary to the provisions of Section 147, 148 and 153(2) of the Act.

3. The facts of the case, are that, the petitioner filed its income tax return for the Assessment Year 2003-2004 on 24.11.2003 declaring an income of Rs.1,37,32,680/- which was processed under Section 143(1) of the Act without variations. On 28.03.2007, the respondent issued a notice under Section 148 of the Act to reopen the assessment citing concerns about cash payments exceeding Rs.20,000/- made to successful punters and their treatment under Section 40A(3) of the Act. The petitioner responded by req