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TMI Blog2022 (4) TMI 183X X X X Extracts X X X X X X X X Extracts X X X X ..... uld give the petitioner a further 10 (ten) days time from today, for filing his reply to the show cause notice dated 25.03.2022 - WP(C)/2324/2022 - - - Dated:- 31-3-2022 - HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA Advocate for the Petitioner : Dr. A Saraf Advocate for the Respondent : Asstt. S.G.I. ORDER Heard Dr. A. Saraf, learned senior counsel assisted by Mr. Z. Islam, learned counsel for the petitioner, who submits that the impugned Notice dated 31.03.2021 under Section 148 of the Income Tax Act, 1961, by which the respondents have reopened the assessment year 2015-16, on the ground that the authority have reasons to believe that the income chargeable to tax for the assessment year 2015-16 had escaped assessment within the meaning of Section 147 of the Income Tax Act, 1961, should be set aside. 2. The petitioner has also challenged the consequential notices dated 29.11.2021, 29.12.2021, 17.01.2022 and the Order dated 21.03.2022 and show cause notice dated 25.03.2022, by which the petitioner has been given an opportunity to show cause as to why the proposed variation should not be made and assessment for the year 2015-16 should not be completed accordi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the same. He also submits that the power under Section 147 of the Income Tax Act, 1961 can be exercised only if the assessing officer has reasons to believe that any income is chargeable to tax for any assessment year. From the reasons recorded for reopening of the assessment as communicated to the petitioner, it is clear that the same has no material bearing on the question of escapement of the assessment of the petitioner. He submits that as the reasons recorded for reopening the assessment for the year 2015-16 has no nexus with the formation of belief that any income has escaped assessment, the issuance of notice under Section 148 of the Income Tax Act, 1961 is absolutely illegal and without jurisdiction. 8. The learned Senior counsel submits that in a similar matter, i.e., WP(C) No. 2020/2022, MV Realcon Private Limited Vs. Union of India 4 Ors. , this Court had stayed the reassessment proceeding initiated under Section 148 of the Income Tax Act and as such, this Court should also pass a similar stay order. The petitioner s counsel has also relied upon the judgment of the Supreme Court in the case of M/S. Chhugamal Rajpal Vs. S.P. Chaliha and Others, reported in 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner has not replied to the said show cause notice and that the grievance of the petitioner and the points taken by him in this writ petition could have been considered by the Department at the time of consideration of his reply. He further submits that if the petitioner is ultimately aggrieved with the decision taken by the assessing officer, an appeal can be filed to the appellate authority under Section 246 (i)(b) of the Income Tax Act, 1961. 10. I have heard the learned counsels for the parties. 11. The notice under Section 148 of the Income Tax Act, 1961 had been issued to the petitioner, as the assessing officer had reasons to believe that the income chargeable to tax for the assessment year 2015-16 had escaped assessment within the meaning of Section 147 of the Income Tax Act, 1961. The reasons given for reopening of the assessment of the petitioner s Company is given vide letter dated 27.10.2021, wherein it has been stated in paragraph Nos. 2, 3, 4 5 as follows:- 2. Brief details of the information collected/received by the A.O: In this case the information has been received through INSIGHT portal. Through this portal a communication has been received fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceedings initiated under Section 147 of the Act vide letter dated 08.02.2022. The respondent authorities thereafter issued a rebuttal dated 21.03.2022, in reply to the objection raised by the petitioner. 13. The respondent authorities subsequently issued show cause notice dated 25.03.2022, asking him as to why the variations should not be made as per the draft assessment order. The petitioner was also given the opportunity of submitting his response by 23.59 hours of 27.03.2022. 14. The relevant paragraph No. 19.4 (7) of the letter dated 25.03.2022 (Annexure-10), issued by the respondent authorities is reproduced below:- 7. Accessed accordingly u/s 143(3) r.w.s. 147 and 144B of the Act, 1961 at ₹ 1,00,03,760/-. Demand Notice and Challan after giving credit for prepaid taxes is issued. Interest u/s 234A, 234B, 234C and 234D, as applicable is charged. Notice for initiating penalty proceedings u/s 271(1)(c) is issued separately. You are hereby given an opportunity to show cause why proposed variation should not be made and the assessment should not be completed accordingly. 3. Kindly submit your response through your registered e-filing account at www.incometax.go ..... X X X X Extracts X X X X X X X X Extracts X X X X
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