In the petition, Johar said the Assistant Commissioner of Income Tax, Circle 31, had issued a notice to him on March 20, 2012, under Section 148 of Income Tax to reopen the assessment for the year 2006-07.
Under this section, an officer has the powers to reopen assessment if he believes certain income had escaped notice.
"I have a reason to believe that an income of Rs two crore plus has escaped assessment," the notice quoted the officer as saying.
However, the I-T department claimed that according to its assessment, the film reported earnings of Rs 70.1 crore while the total cost of production was Rs 57.44 crore. It was alleged that Johar did not disclose complete details of the expenditure involved in making the film.
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Johar has urged the High Court to quash the I-T notice sent to him saying that it was illegal and the I-T officer who issued it had no reason to believe that he (Johar) had withheld information.
A bench of Justices D Y Chandrachud and A A Sayed are likely to hear the petition on March 6.