2025 (7) TMI 762

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..... 3. Learned counsel for the petitioner would argue that in the first round of litigation, this Court had interfered with the order under Section 148A(d) of the Act of 1961, as reply of the petitioner was not considered. Further submission is that when the matter was again placed for consideration along with the reply, there was no proper consideration of reply by the petitioner. 3.1 Argument of learned counsel for the petitioner is that even though return for the relevant Assessment Year 2016-17 was not filed, the petitioner duly explained the payment towards investment. He would submit that as against the notice under Section 148A(b) of the Act of 1961 that the source of fund transaction of Rs. 87,44,278/- remained unexplained, sufficie....

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....ance with law. 6. The reply of the petitioner was thereafter, considered by the authority which led to passing of the impugned order. 7. The submission of learned counsel for the petitioner is that he had duly explained all the transactions and, therefore, it was not a case of reopening of assessment is essentially based on determination and consideration of various factual aspects of the matter pertaining to various transactions including a transaction of purchase of the property. 8. The petitioner's contention is that he had duly explained by submitting that a part of the investment towards purchase of the property was made by petitioner's mother, was considered by the authority in the following terms:- "Further, the assessee was req....

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....uthority doubted the source of fund available in the hands of the mother. 10. The purpose and object of proceedings under Section 148A of the Act of 1961 is not to make assessment but to reopen assessment upon fulfillment of certain conditions which have been incorporated in the provisions contained therein. The exercise which is required to be undertaken at this stage is limited and cannot be equated with a deeper exercise required to be undertaken towards assessment in assessment proceedings. 11. In a petition under Article 226 of the Constitution of India, as is well-settled, the Writ Court will not assume the role of Appellate Authority to sit over a finding of fact even if it suffers from a mere error of fact. The consideration would....