BHARGAV D. KARIA, NIRAL R. MEHTA
Toral Hemanshubhai Shah – Appellant
Versus
Assistant Commissioner of Income Tax Circle – Respondent
ORDER :
Niral R. Mehta, J.
1. Heard learned advocate Mr. Manish J. Shah for the petitioner and learned Senior Standing Counsel Mr. Karan Sanghani for learned Senior Standing Counsel Mrs. Kalpana Raval for the respondent.
2. By way of this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge notice under Section 148 of the Income Tax Act, 1961 (for short ‘the Act’), by which the Revenue has sought to reopen the assessment for the Assessment Year 2012-13.
3. Brief facts of the case are as under:
3.1 The petitioner–assessee submitted a return of income for the Assessment Year 2012-13 on 18.9.2012, declaring total income of Rs.12,12,520/-.
3.2 A notice under Section 148 of the Act dated 31.03.2018 was issued upon the petitioner. Pursuant thereto, the petitioner has filed her response on e-proceedings portal stating that return for the Assessment Year 2012-13 has already been filed vide acknowledgment no.8965711180912, the same may be considered as return filed under Section 148 of the Act. It was further requested to supply copy of reasons recorded for reopening of Assessment under Section 147 of the Act. A copy of reasons was forwarded vide letter dated
Reopening of assessment under Section 148 requires valid reasons; mere incorrect information cannot justify such action.
The court established that reopening assessments requires a clear and valid reason to believe that income has escaped assessment, which was not present in this case.
Reopening of assessments under the Income Tax Act requires new material facts; mere change of opinion is insufficient.
A notice under Section 148 of the Income Tax Act is invalid if issued beyond the limitation period and based on previously available information, constituting a change of opinion.
The judgment established the importance of tangible material and the prohibition of a mere change of opinion in the exercise of power under section 147 of the Income Tax Act.
Reopening of assessment under Section 148 is impermissible if the issues were previously examined under Section 263 without fresh material.
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....
Reopening of income assessment under Section 148 is impermissible without fresh material and cannot be based on previously examined issues under Section 263.
The court emphasized the need for tangible material to believe that income had escaped assessment and held that the power to grant approval for re-opening an assessment is coupled with a duty and can....
Taxation - Assessment - The word “reason” in phrase “reason to believe” would mean cause or justification. If Assessing Officer has a cause or justification to know or suppose that income had escaped....
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