Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2023 (6) TMI HC This

  • Login
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2023 (6) TMI 1353 - HC - Income Tax


Issues Involved:
The judgment involves a challenge to an order dated 13th April, 2023 under Section 148A(d) of the Income Tax Act, 1961 relating to assessment year 2019-20.

Analysis:
The impugned order alleged a bogus purchase made by the petitioner amounting to Rs. 2,08,87,819/- during the financial year 2019-20. The petitioner was provided with an opportunity to be heard, along with the information and material relied upon, to explain why the transaction should not be treated as income chargeable to tax. The notice was duly served upon the petitioner, who filed a reply before the specified date. The assessing officer considered the reply and reached a conclusion, which cannot be re-appreciated by the Writ Court under Article 226 of the Constitution of India. The petitioner still has ample scope to present any case in their favor before the final assessment order under Section 147 of the Act.

Legal Ruling:
The order under Section 148A(d) is not a final assessment order, and any demand arising from it is appealable under the statute. Considering the facts and circumstances of the case, and the nature of the allegation, the Court found no illegality in the impugned order. Therefore, the writ petition was dismissed.

 

 

 

 

Quick Updates:Latest Updates