2024 (12) TMI 1066

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....rder dated 29.03.2024 passed by the 3rd Respondent under Section 148A (d) of the Income Tax Act, 1961 (for short 'Act'), wherein an order has been passed for initiation of re-assessment proceeding against the petitioner pertaining to Financial Year 2018-19 corresponding to Assessment Year 2019-20. The petitioner has further prayed for setting aside the Notice dated 29.03.2024 issued by 3rd Respondent, wherein re-assessment proceeding has been initiated against this petitioner on the ground of escaped assessment within the meaning of Section 147 of the Act. 3. The brief fact of the case as per the pleadings is that the writ petitioner was issued a show cause notice under Section 148A (b) of the Act and was show caused as to why proceeding....

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....ould be allowed to the petitioner. 6. Since only a short time of two days was given to the petitioner to submit its reply after receipt of the Investigation Report, petitioner on 19th March, 2024 demanded seven days' time for replying to the show cause notice, but vide Notice dated 20th March, 2024, 3rd respondent directed the petitioner to submit its reply by 11.30 A.M. on 22nd March, 2024, failing which, it was indicated that appropriate order would be passed. 7. At this stage, it is important to indicate that in the said notice dated 20th March, 2024, a new allegation was added in show cause notice with respect to time deposit of Rs. 3,91,08.021/- made by petitioner and it was directed to explain the same. 8. Petitioner again re....

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....ainst petitioner and the petitioner was directed to file its reply within 90 days from the date of issuance of notice. 11. We have heard, Mr. Sumeet Gadodia, learned counsel for petitioner and Mr. Kumar Vaibhav, learned counsel for Respondent-Department. Having considered the rival submissions of learned counsels and on perusal of the record, we are of the opinion that order passed by 3rd Respondent initiating re-assessment proceeding against the petitioner is not only in utter violation of the principles of natural justice, but the same has been passed in undue haste which smacks of arbitrariness, as statutory provision of Section 148A has not been followed by 3rd Respondent. 12. It is well settled principles of law that anything don....

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.... was later on corrected by issuance of subsequent letter dated 20.03.2024, petitioner was put to notice regarding Term Deposit totaling to Rs. 3,91,08,021/-. However, they have tried to defend their said action by stating, inter alia, that said information is already available in 26AS and was also within the knowledge of the petitioner and, thus, it cannot be said that a new allegation has been levelled against the petitioner. 14. In our opinion, subsequent notice dated 20th March, 2024 clearly contained additional allegations, wherein as against time deposit amount of Rs. 26,51,899/-, petitioner was directed to explain the source of fund of time deposit of Rs. 3,91,08,021/-. Thus, certainly, new facts were introduced in the show cause n....