9911796707
TMI Blog2024 (5) TMI 448X X X X Extracts X X X X X X X X Extracts X X X X ..... sapprehension. This Court having considered the arguments raised by the learned counsel for the petitioner and that of the respondent no.2 is of the opinion that the question of jurisdictional error that has been pointed out with regard to invoking Section 147, 148 and 148A and not Section 153C should also be considered by the Assessing Officer and a finding be recorded thereon while passing final orders, which till date have not been passed. - Hon'ble Mrs. Sangeeta Chandra And Hon'ble Brij Raj Singh JJ. For the Petitioner : Manish Misra, Bhavini Upadhyay, Dileep Pandey, Gaurav Upadhyay, Pranendra Mirdha For the Respondent : A.S.G.I., Kushagra Dikshit ORDER 1. Heard learned counsel for the petitioner, Sri Ravi Kumar Mishra, learned counsel appearing on behalf of the respondent no.1- the Union of India and Sri Neerav Chitravanshi along with Sri Kushagra Dikshit, appearing on behalf of the respondent nos.2, 3 and 4. 2. This petition has been filed with the following main prayer:- i. to, issue a writ or direction in the nature of certiorari to quash the impugned notice dated 28.12.2023 and 15.03.2023 for the assessment year 2017-18 and 2019-20 respectively passed under secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epartment and on the basis of such papers, the Income Tax Department had issued a notice for re-assessment to the petitioner under Section 147 for income that has escaped from assessment earlier. 6. The allegation against the petitioner is that she has received an un-accounted cash of Rs. 4,10,00,000/- from Omaxe Group on 31.10.2018 which she had previously deposited in cash in Omaxe Group on 03.11.2016. The petitioner has received two simultaneous notices for re-assessment for the Assessment Year 2017- 18 and 2019-20. Both re-assessment notices relate to the same amount i.e. alleged cash transactions of Rs. 4,10,00,000/-. 7. The petitioner has challenged such notices for two different Assessment Years 2017-18, 2019-20 simultaneously for the same amount. A show cause notice issued to the petitioner on 15.03.2023 under Section 148 A (d) for Assessment Year 2019-20 has been replied by the petitioner and the Assessing Officer has passed an order on 27.03.2023 under Section 148-A (d). 8. Consequently, a notice dated 27.03.2023 has also been issued under Section 148 of the Income Tax Act. It has been submitted by learned counsel appearing for the petitioner that in case of search of pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ovided by the Assessing Officer to the petitioner instead of burden being cast upon the petitioner to find out herself as to how the Assessing Officer has presumed an amount of Rs. 4,10,00,000/- to have been invested by the petitioner and her late husband in the Assessment Year 2017-2018 in various schemes of Omaxe Group. Instead of proceedings against the relevant Section 153(C), the Assessing Officer has proceeded under Section 147 and 148 drawing a presumption regarding income chargeable to tax having escaped assessment and the burden has been cast upon the petitioner to prove that such income is not escaped assessment. 11. It has been submitted that where a specific provision has been provided in the Act for a specific case of reopening of Assessment on the basis of search of premises of some other person, then a general provision such as Section 147 of the Act cannot be invoked. It has also been stated that Section 153(C) starts with a non-obstante clause, which states that notwithstanding anything contained in Section 139, 147, 148, 149, 151 and 153, the Assessing Officer can reopen and assess or reassess the income of a person other than a person on whose premises search ope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... escaped assessment in his case for the relevant assessment year and results of enquiry conducted, if any, as per clause (a); (c) consider the reply of assessee furnished, if any, in response to the show-cause notice referred to in clause (b); (d) decide, on the basis of material available on record including reply of the assessee, whether or not it is a fit case to issue a notice under section 148, by passing an order, with the prior approval of specified authority, within one month from the end of the month in which the reply referred to in clause (c) is received by him, or where no such reply is furnished, within one month from the end of the month in which time or extended time allowed to furnish a reply as per clause (b) expires: Provided that the provisions of this section shall not apply in a case where,- (a) a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A in the case of the assessee on or after the 1st day of April, 2021; or (b) the Assessing Officer is satisfied, with the prior approval of the Principal Commissioner or Commissioner that any money, bullion, jewellery or other valuable article or ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
