2022 (1) TMI 1392

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....or the Respondent : Mr. Suresh Kumar ORDER P.C.: 1. Petitioner has approached this court aggrieved by a notice dated 31st March, 2019 issued under Section 148 of the Income Tax Act, 1961 (the Act) for A.Y. 2012-13. Since notice has been issued more than four years of the expiry of the relevant assessment year, proviso to Section 147 of the Act shall apply. The onus is on respondent to sho....

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....ssumed to be @2% the total matching income of the assessee corresponding to TDS credit excluding TDS on interest income (TDS rate on other income of Rs. 4.42 crores has been assumed @10% Rs. 44,20,372/-) should have been approximately Rs. 1275,09,05,250/-. It is seen from the statement of 26AS reconciliation for FY 2011-12 submitted by the assessee as Annexure 6 to the its submission that it has s....

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.... in excess TDS credit to that extent. The Hon'ble Apex Court in the case of Indian and Eastern Newspaper Society vs. Commissioner of Income Tax, New Delhi 119 ITR 996 (SC) held that even if it is an error that the Assessing Officer discovered, still an error discovered on a re-consideration of the same material does not give him power to re-open. When the primary facts necessary for assessment are....

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....S Information regarding AIR/CIB/26AS and petitioner had also replied to the same. Copies of these communications dated 4th March, 2016 and 10th March, 2016 are annexed to the petition at Exhibit "B" and Exhibit "C" respectively. It is settled law that once a query is raised during the assessment proceedings and the assessee has replied to it, it follows that the query raised was a subject of consi....