2013 (7) TMI 482 - HC - Income Tax

Notice u/s 148 - Court previously quashed notice for A.Y 1195-96 and 1996-97 - Held that - facts and circumstances of the case and the grounds for challenging the notice under Section 148 in this writ petition, are common to the earlier Writ of 2001, which was allowed by this Court - Notice under Section 148 of the Income Tax Act for the assessment year 1997-98 is quashed - Decided in favour of assessee.

Summary

Issues:
Challenge to notice under Section 148 for assessment years 1995-96, 1996-97, and 1997-98 based on a survey conducted at the premises of a supplier of rock phosphate. Previous judgment quashing similar notice for assessment years 1995-96 and 1996-97.

Analysis:
The petitioner challenged a notice issued under Section 148 for assessment years 1995-96, 1996-97, and 1997-98 following a survey at the premises of a rock phosphate supplier. The petitioner's counsel argued that a previous judgment by the Court had quashed a similar notice for assessment years 1995-96 and 1996-97. The Court noted that the re-assessment proceeding was based on the statement of a third party, which did not implicate the petitioner directly. The Court found that there was no material connecting the petitioner to the alleged tax evasion scheme outlined in the statement. The Court emphasized that the reasons provided by the tax authority lacked a sufficient nexus to conclude that the petitioner's income had escaped assessment. Consequently, the Court allowed the writ petition, quashing the notice issued under Section 148 for the assessment year 1997-98.

The Court referenced its earlier judgment in a similar case where it had ruled in favor of the taxpayer due to the lack of substantial evidence linking the taxpayer to the alleged tax evasion scheme. The Court reiterated that mere dealings with entities mentioned in the third party's statement were not sufficient to establish tax liability. The Court emphasized the importance of a direct connection between the taxpayer and the alleged evasion activity to warrant re-assessment. Based on these principles, the Court found in favor of the petitioner and quashed the notice issued under Section 148 for the assessment year 1997-98.

In conclusion, the Court's decision in this case was influenced by its previous ruling in a similar matter, emphasizing the necessity of concrete evidence linking the taxpayer to the alleged tax evasion scheme. The Court highlighted the importance of establishing a direct nexus between the taxpayer and the evasion activity to justify re-assessment. As a result, the Court ruled in favor of the petitioner, quashing the notice under Section 148 for the assessment year 1997-98.