2022 (5) TMI 121 - SCH - Income Tax

Validity of Reopening of assessment u/s 147 - unsecured loan taken by the Assessee - HELD THAT - At the time of Scrutiny Assessment under Section 143(3) the Assessing Officer had asked for the details regarding the unsecured loan taken by the Assessee during the year under consideration and the Assessee furnished the details as asked for and thereafter after perusing the details so furnished by the Assessee the Assessing Officer passed an order under Section 143(3) of the Act. Therefore it cannot be said that there was any suppression on the part of the Assessee in not disclosing true an correct facts. It is required to be noted that even the re-assessment proceeding were initiated beyond the period of four years. Under the circumstances the High Court is absolutely justified in quashing the re-assessment proceedings and the notice under Section 148 of the Income Tax Act - No interference of this Court is called for in exercise of powers under Article 136 of the Constitution of India. SLP dismissed.

Summary

The Supreme Court of India dismissed the Special Leave petition, upholding the High Court's decision to quash re-assessment proceedings and notice under Section 148 of the Income Tax Act. The Assessing Officer had requested and received details regarding unsecured loans from the Assessee during Scrutiny Assessment under Section 143(3). No suppression of facts was found, and re-assessment proceedings were initiated beyond the four-year period. No interference by the Court was deemed necessary.