2022 (10) TMI 1257 - SCH - Income Tax

Reopening of assessment u/s 147 - petitioner s return of income did not offer to tax receipts of professional service charges from S.R. Batliboi Associates LLP - As decided by HC 2023 (1) TMI 68 - DELHI HIGH COURT order passed u/s 143(1) of the Act is not an assessment for the purposes of Section 147 - Further, it is not necessary in such a case for the Assessing Officer to come across some fresh tangible material to form a belief that income has escaped assessment. The scrutiny assessment for assessment year 2019-20 also offers no assistance to the petitioner, as the petitioner did not place on record any documents such as Contract Agreement under which such transactions were carried out, copy of original invoices (not just invoice breakup) to show that the services rendered by the petitioner during assessment year 2018-19 were identical/similar to the services rendered to M/s Batliboi Associates LLP in the assessment year 2019-20. HELD THAT - We are not inclined to entertain the Special Leave Petition under Article 136 of the Constitution of India. Special Leave Petition is accordingly dismissed.

Summary

The Supreme Court of India dismissed the Special Leave Petition under Article 136 of the Constitution of India as they were not inclined to entertain it. Pending applications were disposed of. No representation for the respondent.