Back
PRITINKER DIWAKER, ASHUTOSH SRIVASTAVA
Vivek Saran Agarwal – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to tax assessment procedure. (Para 2) |
| 2. petitioner's filing and response to assessment. (Para 3 , 4) |
| 3. arguments against reopening assessment. (Para 5 , 6) |
| 4. revenue's justification for reopening. (Para 7) |
| 5. court's observations on procedural propriety. (Para 8 , 9 , 10 , 11) |
| 6. court upholds assessment process. (Para 12) |
| 7. writ petition dismissed. (Para 13) |
JUDGMENT
Heard Sri Sharad Tandon, learned counsel for the petitioner, Sri Gaurav Mahajan and Sri N. C. Gupta, learned counsel for the Revenue.
2. Challenge in this writ petition is to the impugned order dated 25.05.2023 passed by the Assessing Officer, Income Tax Department/Respondent No.4 under Section 147 read with Section 144B of the INCOME TAX ACT , 1961 whereby and whereby a sum of Rs.1,20,59,813/- has been assessed as annual income for the Assessment Year 2015-16 and a demand of Rs.73,12,082/- towards tax has been raised against the petitioner. A challenge to the consequential notice under Section 148 of the INCOME TAX ACT , 1961 dated 26.07.2022 has also been laid.
3. It is the case of the petitioner that he electronically filed his return for the Assessment Year 2015-16 on 01.12.2015 declaring
The court upheld the authority of the Assessing Officer to reassess income under amended provisions of the Income Tax Act, reinforcing that objections can be addressed during reassessment proceedings....
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 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.....
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.
Reassessment notice u/s 148 beyond three years requires approval from Principal Chief Commissioner u/s 151(ii); approval from Principal Commissioner invalid, rendering proceedings void. 2023 proviso ....
Notices issued under Section 148 of the Income Tax Act beyond the limitation period are illegal and void, leading to the quashing of all consequential orders.
The court established that the discretionary nature of inquiries under Section 148A does not mandate a personal hearing or exhaustive justification for the Assessing Officer's decisions.
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....
A notice under Section 148 of the Income Tax Act is invalid if issued beyond the limitation period and based on previously available information, constituting a change of opinion.
Point of Law : Implementation/ clarified by Instruction issued by Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, in exercise of powers under Section 119 of Act, 1961.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
