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of <h1>SC upholds reopening of assessment under Section 147 using data from Section 148A(b) notice and insight portal risk flag</h1> <h3>CHATURBHUJ GATTANI Versus INCOME TAX OFFICER & ANR.</h3> The SC dismissed the Special Leave Petitions challenging the reopening of assessment under Section 147 of the IT Act. The Court held that the information ... Reopening of assessment u/s 147 - reasons to believe - notice u/s 148A(b) - whether information disclosed vide notice under Section 148A(b) of the IT Act is not covered by the information specified in Explanation 1(i) of Section 148 of the IT Act? - as decided by HC [2024 (1) TMI 368 - RAJASTHAN HIGH COURT] Jurisdictional Authority along with notice dated 13.3.2023 u/s 148A(b) of the IT Act has supplied information available with it with the documents such as insight portal, wherein information/description has been given. In the notice dated 13.3.2023 under Section 148A(b) and the order dated 28.3.2023 u/s 148A(d) of the IT Act issued by the Assessing Officer, it is clearly mentioned that in the insight portal, the case of the petitioner is flagged on “High Risk CRIU/RU PAN Case for the relevant assessment year. Case of the petitioner is covered by information specified in Explanation 1(i) of Section 148 of the IT Act. HELD THAT:- It is brought to our notice that Assessment order has already been passed on 26.03.2024. Petitioner(s) also submits that the appeal against the said order(s) has been filed and is pending consideration before the Appellate Authority. In this view of the matter, there is no reason for us to interfere with the order(s) impugned. The Special Leave Petitions are dismissed. Citation: 2025 (4) TMI 616 - Supreme Court (Order) Summary: An assessment order dated 26.03.2024 has already been passed. The petitioner informed the Court that an appeal against that assessment order is pending consideration before the Appellate Authority. Given the pendency of the appellate remedy, the Court found 'no reason for us to interfere with the order(s) impugned' and accordingly declared that 'The Special Leave Petitions are dismissed.' All pending applications were directed to stand disposed of. The decision rests on the principle that when an effective statutory appellate remedy is available and being pursued, interference by this Court is unwarranted; hence the SLPs were refused relief without addressing merits of the underlying assessment order.
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