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SENTHILKUMAR RAMAMOORTHY
Annam Rajasekher Bindu – Appellant
Versus
Income Tax Officer, Income Tax Department, Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorari to call for the records of the Writ Petitioner on the file of the 1st Respondent to quash the impugned order u/s. 148A(d) of the Income Tax Act, 1961 dated 28.03.2023 in DIN & Notice No.ITBA/AST/F/148A/2022-23/1051466692(1) for the Assessment Year 2016-17.)
1. The petitioner challenges an order dated 28.03.2023 under Section 148A(d) of the Income Tax Act, 1961 (the Income Tax Act) and the consequential notice dated 28.03.2023 under Section 148 thereof.
2. The petitioner received a notice dated 28.02.2023 under Section 148A(b) of the Income Tax Act calling upon the petitioner to show cause as to why a notice under Section 148 should not be issued in respect of the transactions specified in the annexure to the notice. A reply dated 03.03.2023 was issued by the petitioner in respect thereof. Thereafter, the impugned order was issued concluding that it is a fit case for issuance of notice under Section 148 of the Income Tax Act. This writ petition was filed in the said facts and circumstances.
3. Learned counsel for the petitioner assails the impugned order on three grounds
The main legal point established is the requirement for a prior show cause notice to consider the assessee's response and the prohibition on raising new issues not previously raised in the show cause....
Section 149 reads as no notice under section 148 shall be issued for relevant assessment year.
The court emphasized the importance of the Assessing Officer's application of mind and adherence to the record in issuing notices and orders under the Income Tax Act, 1961.
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.
Post Finance Act 2021, s.148 reassessment valid even for search-derived info if search after 01.04.2021; presume recent searches post-date; quash assessment for natural justice violation if reasonabl....
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....
Notices under Income Tax Act must contain clear allegations to allow adequate defense, failing which they may be set aside.
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