Back
T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Ravindra Parasramka – Appellant
Versus
Union of India – Respondent
JUDGMENT :
T.S. SIVAGNANAM, J.
1. This intra-Court appeal by the writ petitioner is directed against the order dated 9th June, 2023 in W.P.A. 11090 of 2023. In the said writ petition, the appellant had challenged an order passed by the assessing officer under Section 148A(d) of the Income Tax Act, 1961 on the ground that it has been passed without any application of mind, without considering the response given by the assessee to the notice issued under Section 148A(a) dated 3rd March, 2023 and the response given by the assessee to the notice dated 14th March, 2023 under Section 148A(b) of the Act.
2. The assessee was issued notice under Section 148A(a) dated 3rd March, 2023 stating that for the relevant assessment year i.e.2016-2017, it has been noticed that the assessee had financial activities/transactions viz. (1) purchased immovable property valued at Rs.140.00 lakhs, (2) sale of equity shares (settled by the actual delivery or transfer) in a recognised stock exchange valued at Rs.19,000/-. The assessee was directed to furnish its reply.
3. The assessee submitted their reply dated 13th March, 2023 categorically stating that the information that the purchase price of immovable prope
The assessing officer must consider the explanations and documents provided by the assessee before proceeding with further notices or orders under Section 148A of the Income Tax Act, failure to do so....
A notice under Section 148 of the Income Tax Act issued beyond four years without proper examination of material facts is invalid and lacks jurisdiction.
The court emphasized the importance of the Assessing Officer's application of mind and adherence to the record in issuing notices and orders under the Income Tax Act, 1961.
Notices under Income Tax Act must contain clear allegations to allow adequate defense, failing which they may be set aside.
Section 148A advisedly uses the expression ‘enquiry’.
The issuance of a reassessment notice must adhere to principles of natural justice, including consideration of all relevant submissions by the assessee.
The main legal point established is the requirement for a prior show cause notice to consider the assessee's response and the prohibition on raising new issues not previously raised in the show cause....
Section 148A(c) has been violated as it casts a duty on the Assessing Officer, by using the expression ‘shall’, to consider the reply of the Petitioner/assessee in response to notice under Section 14....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
