TaxTMI 
TaxTMI 
2025 (6) TMI 1062
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....s an extraordinary jurisdiction vested in this Court under Article 226 of the Constitution of India to seek an appropriate writ, order or direction in the nature of a writ of certiorari for quashing and setting aside an order dated 11th March, 2025, passed by the Principal Commissioner of Income Tax, Srinagar, under Section 264 of the Income Tax Act, 1961 ["the Act"]. The petitioner also challenges an assessment order passed by the Assessing Authority for the assessment year 2014-15 by Income Tax Officer Ward 25 (2) (1) Mumbai ["the Assessing Authority"]. 2. Before we proceed to examine the grounds of challenge urged by the learned counsel for the petitioner, we deem it appropriate to briefly set out a few material facts. 3. The Asses....
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....ioner for the assessment year 2014-15. The J&K Bank furnished the bank statements of the petitioner, which indicated different deposits made by the petitioner in four different accounts. A show cause notice dated 16.05.2023 was issued to the petitioner for completing the assessment under Section 144 of the Income Tax Act. The notice was based upon the information on record, and the petitioner was asked as to why an amount of Rs. 3, 90,87,098/- should not be added to his income for the assessment year under consideration. 5. The petitioner responded to the show cause notice and in his written submission dated 20.05.2023, submitted to the Assessing Authority, it was claimed by the petitioner that he was a resident of Kargil and, therefore,....
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....resident of Union Territory of Ladakh, is exempted from payment of Income Tax under Section 10(26A) of the Act. A strong reliance is placed by the petitioner on a resident certificate issued by the Tehsildar, Kargil on 28th February, 2022, and the Schedule Tribe certificate bearing No. 1583/BG/STC dated 17th May, 2019, issued by the same authority. 9. Having heard learned counsel for the parties and perused the material on record, we are of the considered opinion that the order passed by the Principal Commissioner dated 11th March, 2025, impugned in this petition does not suffer from any error of law or fact and, therefore, cannot be interfered with in these proceedings. With a view to claiming the benefit of exemption envisaged under Se....
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....he Assessing Authority that the amount which was found deposited in his accounts maintained with the J&K Bank, was income derived from source/sources in the specified area. Whether a person is or was residing in the specified area and whether the income in respect of which he is claiming exemption is derived from a source/sources in the said area is a question of fact to be determined by the Assessing Authority on the basis of evidence produced before it. 11. The petitioner had claimed that he had earned the income in question by conducting religious tours to Syria, Iran and Iraq for the residents of Ladakh. However, he could not furnish any proof to the satisfaction of the Assessing Authority. The petitioner also failed to furnish any p....