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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.SARAVANAN
S. Palani – Appellant
Versus
Additional/Joint/Deputy/Assistant Commissioner of Income Tax – Respondent
| Table of Content |
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| 1. challenges section 148 notice and assessment order (Para 1 , 2) |
ORDER :
1. In this Writ Petition, the Petitioner has challenged the impugned Notice dated 31.03.2022 issued under Section 148 Notice to the petitioner by the 2nd Respondent and consequential impugned Assessment Order dated 06.03.2023 passed under Section 147 read with Section 144 and B of the Income Tax Act, 1961 for the Assessment Year 2018-2019.
2. The facts of the case reveal that the impugned proceedings was preceded with a Notice dated 21.03.2022 issued under Section 148A(b) of the Income Tax Act, 1961 followed by an Order dated 31.03.2022 under A(d) of the and issuance of a Notice also dated 31.03.2022.
3. The Petitioner had earlier filed a Return of Income under Section 139(1) of the Income Tax Act, 1961 on 29.03.2019. In the said Return of Income, the Petitioner had declared a taxable income of Rs.30,09,400/- Pursuant to the Notice dated 31.03.2022 issued under Section 148 of the , the Petitioner filed a fresh Return of Income on 25.04.2022 whereby the Petitioner reiterated the declaration in the Return of Income filed under Section 139(1) of the on 29.03.2019.
4. Subsequently, the assessment was
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 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 court ruled that proceedings under Section 148 of the Income Tax Act are improper when material seized relates to a person other than the one searched, necessitating the application of Section 15....
The issuance of notice under Section 148A(b) was barred by limitation, violating the requirement for a reasonable opportunity to respond.
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