2024 (2) TMI 344

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....isdiction of this Court under Article 226 of the Constitution of India thereby praying for issuance of Writ of Mandamus to quash and set aside show cause notice dated 28th March, 2023, issued under Section 148-A of the Income Tax Act, 1961 as well as the Order dated 10th April, 2023 passed therein. 4. The learned counsel for the petitioner submits that the Petitioner is an assessee under the Income Tax Act, 1961(for sake of brevity hereinafter referred as 'Act') and regularly submitting Income Tax Return each and every year. The Petitioner's wife is running the Proprietary concern firm in the name of "Mansukh Sarees". The Petitioner is working in the said firm on salary basis. The Petitioner is also earning income from some properties. T....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....gh Court in R/Special Civil Application No. 19275 of 2021 dated 06.07.2023. (iii) Order passed by the Division Bench of Gujarat High Court in R/Special Civil Application No. 17321 of 2022 and other bunch of applications dated 07.02.2023. (iv) Judgment dated 29.03.2022 in Writ Petition No. 1334 of 2021 passed by the Division Bench of this Court (Coram: K. R. Shriram and N. J. Jamdar JJ.) 6. On the other hand, Mr. Sharma, the learned counsel for the Respondents submits that the notices dated 28.03.2023 issued u/s 148-A (b) and the order dated 10.04.2023 u/s 148-A (d) of the Income Tax Act for the year 2019-2020, are legal and proper. The revenue authority received some confidential information in respect of tax evasion by....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....were by withdrawal from the Savings Bank Account and from Income of business. Notice was issued to the Petitioner and further he was asked to submit his explanation. After going through the reply of Petitioner, the Respondent was not satisfied. Hence, a reasoned order was passed on 10.04.2023 u/s 148 A(d) of the Act, after following the due procedure. Hence, prayed for dismissal of the petition. 7. The issue involved in the present petition is no more res integra. In similar set of facts and circumstances, this Court delivered a Judgment on 08th January, 2024 in Writ Petition No. 10075 of 2023 in case of Satguru Sai Extrusions Pvt.Ltd., V/s. Union of India, holding that as per the language of sub-clause (a), the Assessing Officer, before....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....h April, 2019, the marriage of the Petitioner's daughter was solemnized in Corinttrians Resort and Club (Niyati Hotels and Resorts Pvt Ltd.). The Petitioner incurred entire expenditure of the said marriage. According to the Petitioner, he disclosed his entire income for the year 2018-2019 and all source of income to tax and filed ITR within prescribed period. However, the Respondent-Revenue Authority contended that as per investigation, the Petitioner found evading the Income Tax under "High Risk Transaction CRIU/ VRU" category during search and seizure undertaken u/s 132 of the Act, 1961 at Niyati Group related to entries dated 14.12.2022 and during post search investigation, it was revealed that the Petitioner had booked Corinttrians Reso....