2025 (6) TMI 240

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....STICE AVNEESH JHINGAN AND HON'BLE MR. JUSTICE MANEESH SHARMA For the Appellant : Mr. Siddharth Ranka with Mr. Rohan Chatter For the Respondent(s) : Mr. Shantanu Sharma with Mr. Aditya Doda & Mr. Parth Vashishtha Order AVNEESH JHINGAN,J:- 1. This petition is filed assailing order dated 14.04.2023 passed under Section 148A(d) of Income Tax Act, 1961 (for short 'the Act'). 2. Th....

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....he petitioner had given the details of two bank accounts in USA and NRE account of CITI Bank at Jaipur. It was shown that the money from USA was transferred through banking channel to India for purchasing the property. It is contended that in absence of income in India there was no requirement to file income-tax return. 4. Learned counsel for the respondent submits that the assessing office was....

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....s details of the petitioner in USA along with the statement were annexed. These statements corresponded to the NRE account opened at Jaipur with CITI Bank wherefrom the purchase consideration was paid to the seller. Not only this, the petitioner had taken specific stand that since 2004-2005 she had not earned income in India and there was no requirement to file income-tax return. The USA Citizensh....

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....ng the relevant year, there is no information with the department to suggest that the income having been earned by petitioner in India or liable to be taxed under the Act had escaped assessment. No such averment is there either in the show cause notice or in the impugned order. It is clear that preliminary inquiry can be held by AO prior to issuance of notice under Section 148A(b). Rather the AO w....