9911796707
TMI Blog2023 (10) TMI 978X X X X Extracts X X X X X X X X Extracts X X X X ..... action needs to be verified. Hence the reply of the assessee has been considered but the same is not found to be satisfactory. The assessee has not offered his unaccounted unexplained income for taxation purpose in his return of income. It is precisely evident that the office of the respondent is possessed of certain information which strongly suggests that the income chargeable to tax has escaped assessment for AY 2017-18. Thus, in our opinion, the impugned order u/s 148A(d) and notice u/s 148 would not warrant any interference under Article 226 of the constitution of India as challenge to such order would be available to an assessee while challenging the order passed in reassessment proceedings consequent to the notice issued u/s 148 - WP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the provisions of Section 11 and 12 of the Act was claimed. The registration of the petitioner under Section 12 AA of the Act was cancelled w.e.f. 1.4.2016 under orders of the CIT (Exemption), Lucknow dated 19.1.2018 and on an appeal preferred by the petitioner to the Income Tax, Appellate Tribunal (ITAT), Lucknow, the cancellation order dated 19.1.2018 has been set aside and the matter has been remitted back for deciding afresh the issue of cancellation of registration. The cancellation order subsequently has been set aside by the CIT (Exemption), Lucknow and the registration of the petitioner has been restored vide order dated 26.12.2019. However, in the interregnum, a notice under Section 142 (1) was issued on 16.10.2019 and an assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t and issued a consequential impugned notice under Section 148. 5. Learned counsel for the petitioner has argued that the respondent No. 2 has proceeded on the erroneous assumption that it is not clear as to whether the registration of the petitioner was valid for Assessment Year 2017-18. Once the order cancelling the registration dated 19.1.2018 was set aside and the registration was restored in appeal, the registration would relate back to the initial date of the grant of registration. This being so the refusal to grant the benefit under Section 11 and 12 of the Act is unwarranted. It is thus prayed that the impugned order be set aside. 6. Sri Gaurav Mahajan in opposition to the writ petition submits that the objections filed by the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order on 31.07.2023 under Section 148A(d) of the Income Tax Act, 1961 rejecting the objection of the petitioner to the show cause notice under Section 148A(b) of the Income Tax Act, 1961 on the ground that information exists to suggest that the transaction of Rs. 7,24,10,169/- needs to be verified. Hence the reply of the assessee has been considered but the same is not found to be satisfactory. The assessee has not offered his unaccounted unexplained income for taxation purpose in his return of income. It is precisely evident that the office of the respondent is possessed of certain information amounting to Rs. 7,24,10,169/- which strongly suggests that the income chargeable to tax has escaped assessment for Assessment Year 2017-18. A conse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to the existence or otherwise of information which suggests that income chargeable to tax has escaped assessment. 10. Thus, in our opinion, the impugned order under Section 148A(d) of the Act and notice under Section 148 would not warrant any interference under Article 226 of the constitution of India as challenge to such order would be available to an assessee while challenging the order passed in reassessment proceedings consequent to the notice issued under Section 148 of the Act. The Apex Court in the case of Anshul Jain Vs. Principal Commissioner, Income Tax, reported in (2002) 143 taxman.com 38 observed as under:- What is challenged before the High Court was the re-opening notice under Section 148A(d) of the Income Tax Act, 1961. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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