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DHIRAJ SINGH THAKUR, VALMIKI SA MENEZES
Anurag Gupta – Appellant
Versus
Income Tax Officer, Ward (1) – Respondent
JUDGMENT :
DHIRAJ SINGH THAKUR, J.
1. The Petitioner challenges the notice under Section 148 of the Income Tax Act, 1961 (“the Act”) dated 26 March 2022 and notice dated 08th March 2022 under Section 148A(b) of the Act as also the Order passed in terms of Section 148A(d) of the Act.
2. Briefly stated the material facts are as under :
The Petitioner fled his return as an individual for the assessment year 2018-19 under Section 139(1) of the Act. The return was processed under Section 143(1).
3. Subsequently, a notice under Section 148A(b) of the Act dated 8 March 2022 was issued by Respondent No.1 suggesting that income liable to tax for the assessment year 2018-19 had escaped assessment and called upon the Petitioner to show cause as to why notice under Section 148 be not issued. The basis for reopening was the information, which reads as under :
The notice issued under Section 148A(b) of the Income Tax Act was invalid due to procedural errors, lacking necessary information on escaped income and failing to follow required inquiry protocols.
The court emphasized that reopening assessments under the Income Tax Act requires adherence to mandatory procedures, and failure to provide necessary information to the assessee invalidates the proce....
The main legal point established in the judgment is the significance of adhering to the procedure prescribed under Section 148A of the Income Tax Act, 1961 before initiating reassessment proceedings.....
The main legal point established in the judgment is the requirement for clear and unambiguous reasons based on 'reason to believe' for reopening an assessment under Section 147 of the Income-tax Act,....
Under section 147 of the Act the proceedings for the reassessment can be initiated only if the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any....
Post Finance Act 2021, s.148 reassessment valid even for search-derived info if search after 01.04.2021; presume recent searches post-date; quash assessment for natural justice violation if reasonabl....
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