9911796707
TMI Blog2023 (4) TMI 1383X X X X Extracts X X X X X X X X Extracts X X X X ..... of his ITR, the petitioner received intimation on 20.10.2016 u/s 143(1) of the Act. Third, the email said to have been received from the buyer of the subject property had not been shared with the petitioner. In defence of the impugned action, has relied upon the order passed under Section 148A(d) of the Act. As is evident from order passed u/s 148A(d) of the Act, which has been extracted hereinabove, the AO has not mentioned the date of the email. As indicated hereinabove, the AO had noted in order passed u/s 148A(d) of the Act that the email is indicative of the fact that the petitioner has received at least Rs. 1 crore. We are unable to appreciate what has been noted in paragraph concerning the amount said to have been received by the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earing and disposal, at this stage itself. 4. This writ petition is directed against the notice dated 17.03.2023 issued under Section 148A(b) of the Income Tax Act, 1961 [in short, "the Act"]. 4.1 Besides this, challenge is also laid to the order dated 31.03.2023 passed under Section 148A(d) and the consequential notice of even date i.e., 31.03.2023 issued under Section 148 of the Act. 5. The impugned order and notices concern Assessment Year (AY) 2016-17. 6. The record shows that the Assessing Officer (AO) proceeded to issue the notice dated 17.03.2023 under Section 148A(b) of the Act based on a premise that the petitioner had not filed his return for the AY in issue. 7. The AO, thus, having obtained information from the Insight Porta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adverted to the fact that limitation qua the petitioner was expiring on 31.03.2023. 10. Concededly, the petitioner was not able to file the reply within the time allocated by the AO. It appears that the time given was short, and the reasons given by the petitioner on 24.03.2023 as to why he wanted extension of time continued to obtain. 10.1 Inter alia, the petitioner had indicated on 24.03.2023, that he is a senior citizen and was suffering from various ailments. 10.2 Furthermore, the petitioner also indicated that he was involved in litigation with his tenant concerning his house, and therefore, was living with his relatives. The submission was that, he was, presently, bedevilled with circumstances which were unsettling. 11. Suffice it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,270/- 3. 2015-16 TDS Statement-Sale of Equity share Recognised stock exchange 3,50,849/- 4. 2015-16 TDS Statement-sales consideration on sale of immovable property (Section-194IA) 1,15,00,000/- 5. 2015-16 TDS Statement-Interest other than securities (Section-194A) 50,123/- Particulars of the Property Sold (Section 194IA): Address of property PAN/TAN of purchaser Name of Purchaser Amount (Rs.) G-2/702, GANGA APARTMENT, VASANT KUNJ, NEW DELHI NA MOHD ATHAR ANJUM 1,15,00,000/- Total Amount received (Rs) 1,15,00,000/- 12. Mr Kapil Goel, who appears on behalf of the petitioner, has, inter alia, made three submissions. 12.1 First, the notice issued under Section 148A(b) of the Act proceeded on a completely incorrect prem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount said to have been received by the petitioner. The email would have either indicated an amount or none at all; the use of the expression "at least" is not understood by us. 16. Therefore, according to us, the best way forward would be to set aside the impugned notices and order. 17. Mr Agarwal's understanding of the relevant provisions of the Act is that since the instant case concerns AY 2016-17 and the limitation under the old regime had not expired as on 01.04.2021, the limitation stands extended. 18. As noted by us hereinabove, the AO proceeds on the basis that the limitation was expiring on 31.03.2023. 19. Thus, for the foregoing reasons, the impugned notices and the order are set aside. 19.1 Liberty is, however, given to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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