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1994 PTD 877

S.S. V. KUMAR vs COMMISSIONER OF INCOME-TAX and another

Citation1994 PTD 877
CourtKerala High Court
Case No.WA. No, 668 of 1992
Date1993-02-03
Judge(s)Varghese Kalliath, P. K. Shamsuddin
ResultAppeal dismissed

1. VARGHESE KALLIATH, J.---This is an appeal against the judgment of a learned Single Judge of this Court in O.P. No,2166 of 1992 (S.S.V. Kumar v. CIT (1993) 199 ITR 416). The original petition was filed - challenging Exhs.P-13 and P-17. Exh. P-17 is a notice issued under section Income Tax Act, 1961. In the notice, the Income Tax Officer wanted certain points to be clarified i4 regard to the return submitted by the appellant herein for the year 1988-89. Such a notice cannot be challenged in the proceedings. Exh.P-13 is the notice for assessment of escaped income. That is also a notice to show cause why the Income Tax Officer should not assess certain income which had escaped assessm ent. It is in the stage of notice to show cause why assessment should not be made. This also cannot be the subject-matter of challenge under Article 226 of the Constitution. The points now raised in the original petition and the writ appeal regarding non-liability for additional tax can be raised before the Income Tax Officer in response to Exh.P-13 notice. With this observation, this writ appeal is dismissed.

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