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SANDEEP MEHTA, KULDEEP MATHUR
Rajhans Processors, Through Its Authorized Partner Sh. Shrenik Chhajer – Appellant
Versus
Union Of India, Through Secretary Finance, Ministry Of Finance, North Block, New Delhi – Respondent
ORDER :
MEHTA, J.
1. The petitioner has filed the instant writ petition under Article 226 of the Constitution of India for questioning the legality and validity of the re-assessment notice dated 31.03.2021 (Annex.5) under Section 148 of the Income Tax Act, 1961 and the order dated 13.09.2021 (Annex.12) disposing of the objections submitted by the petitioner against the re-opening of the assessment for the Assessment Year 2017-18.
2. Brief facts relevant and essential for the disposal of the writ petition are noted hereinbelow:-
3. The petitioner firm came into existence in the financial year 2016-2017 (Assessment year 2017-2018) and since then it is engaged in the business of textile job work at Pali. The petitioner filed its original return of income in terms of Section 139 (1) of the Income Tax Act, 1961 for the assessment year 2017-2018 on 30.09.2017 and the same was verified by the respondent Department without any defect. After filing of the return of income for the Assessment Year 2017-18, a notice/summon dated 24.08.2017 under Section 131 (1A) of the Income Tax Act was issued to the petitioner for making an enquiry in relation to the source of large investment to the tune of Rs.
Court cannot strike down reopening of case on these grounds and it will be open to assessee to prove that assumptions of facts made in notice were erroneous.
The challenge to a notice and order for reopening of assessment is maintainable when there is no statutory remedy available under the Act. Non-supply of material forming the basis for reopening the a....
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 power to reopen a completed assessment under Section 147 of the Act 1961 has been bestowed on the Assessing Officer, if he has reason to believe that any income chargeable to tax has escaped asse....
Reopening of assessment under Section 148 is impermissible if the issues were previously examined under Section 263 without fresh material.
Point of Law : Court satisfied that there was prima facie material available on record before the assessing officer for issuing a notice for reassessment and the notice under Section 148.
It is well settled that the validity of the notice of reopening would be judged on basis of reasons recorded by the Assessing Officer for issuance of such notice. It would not be permissible for the ....
It is settled law that, at the stage of Section 148 of the Act, what is required is “reason to believe”, but not the established fact of escapement of income. This aspect has been considered by the A....
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