Ambika Kapur vs Assistant Commissioner of Income Tax

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
MANMOHAN, MANMEET PRITAM SINGH ARORA
Ambika Kapur – Appellant
Versus
Assistant Commissioner of Income Tax – Respondent

Table of Content
1. writ petition challenges assessment order under income tax act. (Para 1)
2. dispute over the filing of income return and related transactions. (Para 2 , 3 , 4 , 5)
3. court's analysis on the obligations of the assessing officer. (Para 6)
4. order for remand and fresh assessment by assessing officer. (Para 7)

JUDGMENT

Manmohan, J. (Oral):

1. Present writ petition has been filed challenging the order dated 21st April, 2022 passed under Section 148A(d) of the Income Tax Act, 1961 (`the Act') along with notice dated 21st April, 2022 issued under Section 148 of the Act for the assessment year 2018-19 and proceedings initiated pursuant thereto.

2. Learned counsel for the Petitioner states that the Respondent initiated the proceedings under Section 148A of the Act on the basis of an incorrect assumption of fact that the petitioner had not filed her return of income and hence income to the tune of Rs.30,57,78,545/-in relation to financial transactions entered by the Petitioner during the year, had escaped assessment.

3. Learned counsel for the Petitioner states that the Petitioner filed a detailed reply dated 14th April, 2022, wherein the Petitioner explained to the Re

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