2025 (11) TMI 420

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....rough hybrid mode. 2. The present petition has been filed by the Petitioner-M/s Vedanta Limited under Article 226 and 227 of the Constitution of India, inter alia, challenging the impugned notice dated 24th March, 2025 issued under Section 148A(1) of the Income Tax Act, 1961 by the Assistant Commissioner of Income Tax Circle 25 (1), Delhi (hereinafter, 'impugned notice') and the impugned order dated 23rd June, 2025 passed under Section 148A(3) of the Income Tax Act, 1961 (hereinafter, 'impugned order'), for the Assessment Year 2019-2020. 3. The case of the Income Tax Department is that, it received certain intelligence from the Directorate General of GST Intelligence, Coimbatore Zonal Unit (hereinafter, 'DGGI') in respect of wrongful ....

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....ought not to be demanded in proceedings under Section 148A(1) of the Income Tax Act, 1961. 8. In respect of the said notice, the Petitioner filed a reply on 16th April, 2025, and thereafter the impugned order has been passed on 23rd June, 2025, on the ground that there is an escape of more than Rs. 424 crores from assessment. The operative portion of the said order reads as under: "8. In light of the above discussions, the plea of the assessee is not accepted. In this case income likely to escape is Rs. 424,58,16,985/- which is more than Rs. 50 lakhs and the same is represented in the form of transaction or entries as mentioned above which shows the income chargeable to tax, which has escaped assessment, amounts to more than fif....

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....tunity of being heard was to be provided. The information was also to be independently examined by the Income Tax Department, and notice could not have been issued to the assessee in a mechanical manner. For the same, reliance is placed upon the decision of the Coordinate Bench of this Court in Divya Capital One Pvt. Ltd. v. Assistant Commissioner Income Tax [2022] 445 ITR 436 (Del), and also other decisions. 11. On the other hand, Mr. Bhatia, ld. SSC for the Respondent, submits that the applicable provision would be Section 148A(1) of the Income Tax Act, 1961, post amendment, which is in effect on the date when the impugned notice was issued in this case. Further, ld. SSC for the Respondent submits that a perusal of paragraph 8 of Divya....