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VIJAY BISHNOI, NUPUR BHATI
Chaturbhuj Gattani, S/o. Shriniwas Gattani – Appellant
Versus
Income Tax Officer, Nagaur Rajasthan – Respondent
JUDGMENT :
(Vijay Bishnoi, J.) :
1. Since common question is involved in both these writ petitions, they are being decided together by this common order.
2. For the sake of convenience, the facts of DBCWP No.10866/2023 are taken into consideration.
3. By way of these writ petitions, the petitioners have challenged the orders dated 28.3.2023 and 29.3.2023 passed by the respondent No.1 – the Income Tax Officer, Nagaur (for short ‘the Jurisdictional Authority’) under Section 148A(d) of the Income Tax Act, 1961 (for short ‘the IT Act’) and the consequential notices dated 28.3.2023 and 29.3.2023 issued by the Jurisdictional Authority under Section 148 of the IT Act.
4. Brief facts of the case are that the petitioner is the proprietor of M/s Tirumala Enterprises and engaged in trading of marbles, stones and granite etc. The petitioner is regularly filing his income tax return and also filed income tax return for the assessment year 2019-20 on 29.10.2019 declaring total income of INR 3,13,390/-.
5. The Jurisdictional Authority issued a notice to the petitioners dated 13.3.2023 under Section 148A(b) of the IT Act to show cause why notice under Section 148 of the IT Act should not be issued in v
The main legal point established in the judgment is the significance of adhering to the procedure prescribed under Section 148A of the Income Tax Act, 1961 before initiating reassessment proceedings.....
The requirement of prior approval of the specified authority under Section 148A(d) satisfies the condition for issuance of a notice under Section 148 of the Income Tax Act, 1961.
The central legal point established in the judgment is the interpretation of the amended re-assessment scheme introduced by the Finance Act, 2021, and the importance of upholding principles of natura....
The court held that the Assessing Officer's failure to consider the petitioner's detailed replies before passing the reassessment order violated procedural justice under the Income Tax Act.
Assessment under Income Tax requires concrete information indicating escapement of income, which was absent in this case, rendering notices invalid.
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....
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