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2023 (6) TMI 619

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..... the escaped income, as noted by us on 02.05.2023, is below Rs.50 lakhs. It is also obvious that more than three years have elapsed, since the end of the Assessment Year (AY) in issue. We had indicated on 02.05.2023 that if the department were to give instructions to resist the petition, a counter-affidavit should be filed. No counter-affidavit has been filed. Therefore, we will have to ac .....

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..... g broad contour, concerning the matter at hand: 2. This writ petition concerns Assessment Year (AY) 2017-18. 3. Mr Nitin Gulati, who appears on behalf of the petitioner, says that the reassessment proceedings are flawed for the following reasons: (i) First, the proceedings do not have the approval of the specified authority. (ii) Second, even according to the respondents/revenue, th .....

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..... e correct. 6. Mr Chawla cannot but accept that if the facts as set out in the petition are correct, then the reassessment proceedings cannot progress further. 7. Accordingly, prayer made in the petition is allowed. 8. Consequently, the impugned notice dated 21.05.2022 issued under Section 148A(b) and the order dated 28.07.2022 passed under Section 148A(d) of the Income Tax Act, 1961 [in s .....

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