2022 (3) TMI 1201 - HC - Income Tax

Assessment u/s 153A or u/s 147 - HELD THAT - The pertinent assertion of learned counsel Shri Gargieya is that the assessing authority could not have adopted the procedure provided under Section 148 of the Income Tax Act for reopening the assessment of the petitioner because such action was taken on the basis of facts revealed to the assessing authority during the assessment of DRA Group at Ahmedabad and the proceedings, if any, would have to be conducted under Section 153A read with Section 153C of the Income Tax Act. In view of the facts noted above, it is hereby directed that all proceedings in furtherance of the impugned notice dated 31.03.2021 (Annexure-P/1) shall remain stayed.

Summary

The High Court of Rajasthan stayed proceedings on a notice dated 31.03.2021 under Section 148 of the Income Tax Act for reopening assessment, directing further actions under Section 153A and 153C. The case is connected with D.B. Civil Writ Petition No.3882/2022 for final disposal on 10.05.2022.