9911796707
TMI Blog2023 (10) TMI 277X X X X Extracts X X X X X X X X Extracts X X X X ..... .1 for the Assessment Year 2016-17 as also the order dated 26.04.2023 passed under Section 148A(d) of the Act and consequent initiation of the reassessment proceedings under Section 148 of the Act for the Assessment Year 2016-17. It is the case of the petitioner that it is a charitable society duly registered with the Office of the Registrar of Society, Meerut. The petitioner filed a return of income for Assessment Year 2016-17 on 22.09.2016 declaring total income as Nil. A notice under Section 143(2) of the Income Tax Act was issued by the Respondent No.1 on 21.08.2017. Thereafter the notice under Section 142(1) of the Act was issued by the Respondent No.2 on 26.12.2017 requiring the petitioner to provide various information in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt inasmuch as reassessment proceedings initiated merely on the basis of change of opinion is impermissible in law; there cannot be any information and/or suggestion in respect of escapement of income in the case of the petitioner which is the sine-qua-non for initiating action under Section 148 of the Act; the reassessment proceeding resorted to merely conduct verification is not permissible in law; the non sharing of the information/material purportedly relied upon in the impugned notice is in contravention of the provisions of Section 148A of the Act; the impugned order under Section 148A(d) has been passed mechanically without application of mind and is in gross violation and contravention of the procedure prescribed under Section 151 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vassed on behalf of the assessee does not arise as no opinion could have been formed with reference to donations given by assessee. It is further contended that the consideration at the stage of passing order under Section 148A(d) is limited to ascertainment of information with the Assessing Officer that income of assessee has escaped assessment to tax. Final determination on the question whether income of assessee has actually escaped assessment is then to be made after notice under Section 148, by passing an order of assessment or reassessment under Section 147 subject to the provisions of Section 148 to 153 of the Act. It is also argued that the petitioner is at liberty to raise all factual issues/objections at the appropriate stage of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,44,55,000/- for the Financial Year 2015-16 relevant to Assessment Year 2016-17. The Income Tax Act, 1961 does not contemplate any detailed adjudication on the merits of information available with the Assessing Officer at the stage of passing order under section 148A(d) of the Act of 1961. In our considered view there is a specific purpose for not introducing any further enquiry or adjudication in the statute, on the correctness or otherwise of the information, at this stage. The reason for it is obvious. Under the scheme of the Act a detailed procedure has been provided under Section 148 for issuance of notice whereafter the assessing authority has to determine, in the manner specified, whether income has escaped assessment and the defenc ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
