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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Synfonia Tradelinks Pvt. Ltd. – Appellant
Versus
Income Tax Officer – Respondent
| Table of Content |
|---|
| 1. background facts regarding reassessment notice issuance. (Para 2) |
| 2. submissions made on behalf of the assessee. (Para 5 , 6) |
| 3. submissions made on behalf of the revenue. (Para 7) |
| 4. court's analysis of the legal requirements for reassessment. (Para 9 , 10 , 11) |
| 5. conclusion to quash the impugned notice and order. (Para 12 , 13) |
JUDGMENT
Rajiv Shakdher, J.
TABLE OF CONTENTS
Preface
Background facts
Submissions made on behalf of the assessee
Submissions advanced on behalf of the Revenue
Analysis and Reasons
Conclusion
Preface:
1. This writ petition is directed against notice dated 31.03.2018, issued under Section 148 of the INCOME TAX ACT , 1961 [hereafter referred to as `the Act'], and the sanction accorded by respondent no. 2 i.e. the Principal Commissioner of Income Tax, Delhi-VIII on 29.03.2018 for issuance of notice under Section 148 of the Act. The assessee, being aggrieved, has moved this court via the instant writ petition.
Background facts:
2. To adjudicate upon the writ petition, the following broad facts are required to be noticed:
2.1. The assessee before us is a private limited company going by the name Synfonia Tradelinks Pvt. Ltd. The assessee w
Notice under Section 148 was quashed due to lack of timely issuance and failure to substantiate the belief of income escapement with required cogent material, constituting jurisdictional errors.
Income Tax – Assessment – Issuance of notice - notice under Section 148 was issued by an AO while the order recording reasons was issued by another officer is not borne out from the record – No inter....
Assessment - Notice - limitation provided under Section 149 of the Act for issuance of notice commences from the date when the notice is issued and not when the notice served - No interference requir....
Reassessment notice u/s 148 beyond three years requires approval from Principal Chief Commissioner u/s 151(ii); approval from Principal Commissioner invalid, rendering proceedings void. 2023 proviso ....
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....
The requirement of prior approval of the specified authority under Section 148A(d) satisfies the condition for issuance of a notice under Section 148 of the Income Tax Act, 1961.
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