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BHARGAV D. KARIA, NIRAL R. MEHTA
Kanishka Prints Private Limited – Appellant
Versus
Assistant Commissioner Of Income Tax, Circle 1(1), Surat – Respondent
ORDER :
(Bhargav D. Karia, J.)
1. By this petition under Article 226 of the Constitution of India, the petitioner has challenged the notice dated 13th April 2022 issued under Section 148 of the Income Tax Act, 1961 (for short, “the Act”) for the Assessment Year 2018-19.
2. The brief facts of the case are as under:
2.1 The petitioner is a company incorporated under the Companies Act, 1956. The petitioner filed return of income showing total income of Rs.61,24,830/- for the Assessment Year 2018-19.
2.2 The respondent – Assessing Officer issued notice under Section 148A(b) of the Act calling upon the assessee as to why reassessment proceedings should not be initiated by issuing show cause notice under Section 148 of the Act on the following grounds:
- Reference has been made to statements of Shahrukhkhan Pathan and Madhav Shah recorded by the department. In view of the same and certain other aspects, it was con
The main legal point established in the judgment is the requirement for the Assessing Officer to consider the material available on record, including the reply filed by the assessee, before deciding ....
The court emphasized the necessity for the Assessing Officer to apply due diligence and consider all evidence before concluding that income has escaped assessment.
Orders based on vague allegations without specific details violate the right to a fair hearing under tax law.
Reopening of assessment based on incorrect information without due verification by the Assessing Officer is declared illegal.
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 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.
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