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BHARGAV D. KARIA, NIRAL R. MEHTA
K J Kotecha Charitable Trust – Appellant
Versus
Income Tax Officer, Exemption, Ward 1, Rajkot – Respondent
JUDGMENT :
BHARGAV D. KARIA, J.
1. Learned advocate Mr. B.S. Soparkar has tendered the draft amendment. The same is allowed in terms of the draft. To be carried out forthwith.
2. Heard learned advocate Mr. B.S.SOparkar for the petitioner and learned Senior Standing Counsel Ms. Maithili Mehta for the respondent.
3. Rule returnable forthwith. Learned Senior Standing Counsel Ms. Mehta waives service of notice of rule for the respondents.
4. Having regard to the controversy in the narrow compass, with the consent of the learned advocates for the parties, the matter is taken up for hearing.
5. By this petition filed by the petitioner- Shri K.J.Koteha Charitable Trust, challenged the notice issued under section 148 of the Income Tax Act,1961 [for short ‘the Act’] as under:
| SCA No | Notice U/s 148 issued on | For the assessment Year |
| 14769/2021 | 31.03.2020 | 2016-17 |
| 14776/2021 | 31.03.2020 | 2013-14 |
| 14777/2021 | 19.03.2020 | 2015-16 |
6. The petitioner has also challenged the assessment Order dated 24.09.2021 passed under section 147 read with section 144B of the Act in all the three assessment years.
7. Brief facts of the case are as unde
The Assessing Officer is mandated to dispose of objections to reassessment notices by a speaking order before proceeding with the assessment.
Reassessment under Income Tax Act is impermissible on issues already addressed in a completed assessment, as it constitutes a change of opinion without new material evidence.
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.
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....
Active participation in reassessment proceedings without objecting to the impugned notice may lead to dismissal of a challenge to the final assessment order.
Reopening of assessment under Section 148 is invalid if based on materials already available during the original assessment, constituting a mere change of opinion without fresh evidence.
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....
The court established that the discretionary nature of inquiries under Section 148A does not mandate a personal hearing or exhaustive justification for the Assessing Officer's decisions.
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