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SURYA PRAKASH KESARWANI, JAYANT BANERJI
Pushpa Yadav – Appellant
Versus
Income Tax Officer – Respondent
JUDGMENT :
1. Heard Shri R.R. Agarwal, learned Senior Advocate assisted by Shri Mahendra Pratap and Shri Anurag Yadav, learned counsel for the petitioner, Shri Krishna Agarwal, learned counsel for the respondent nos.1 and 2/Income Tax Department and Shri Gopal Verma, learned counsel for the respondent no.3.
2. This writ petition has been filed praying for the following reliefs:-
(ii) Issue a writ, order or direction in the nature of certiorari quashing the notice issued under section 148 of the Income Tax Act for A.Y. 2016-17 dated 32.03.2021 issued by the Income Tax Officer (1), Ward 2(2)(1) Ghaziabad, respondent no.1 (Annexure-2 to the writ petition)."
3. Learned Senior Advocate for the petitioner submits that the impugned notice dated 30.03.2021 under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as the 'Act, 1961') has been issued to the petitio
Point of Law : Section 148 of the Act, 1961 suffers from any illegality nor the impugned order rejecting the objection of the petitioner suffers from any infirmity, which, under the circumstances, ca....
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....
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.
Reopening of income tax assessments requires new tangible material; mere change of opinion is insufficient.
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.
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.
Taxation - Escapement of assessment - Assessee had disclosed all material facts truly and fully for assessment of income for year under consideration. In other words there was no failure to disclose ....
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....
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