2025 (11) TMI 475

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.... For the Respondents: Mr. Subir Kumar a/w. Niyanta Trivedi, Advocates. P.C. 1. The above Writ Petition challenges the notice dated 30.03.2021 issued under Section 148 of the Income Tax Act, 1961. The Assessment Year in question is A.Y. 2016-17. In other words, the notice dated 30.03.2021 has been issued within four years from the end of the assessment year. 2. Initially, in the above Writ....

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....mpugned penalty notice of the same dates, cannot stand. We say this for the simple reason that the impugned final assessment order has been passed in contravention of the stay order granted by this Court on 29.03.2022. 4. This now only leaves us to deal with the issue whether the impugned notice dated 30.03.2021 and the order rejecting the objections to the reasons given for reopening the asses....

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....e only business of the assessee was renting of commercial premises. The Assessing Officer came to the conclusion that since the main business of the assessee was renting of commercial premises, income from rental as well as sale of business premises, should have been offered to tax under the head "income from business or profession". Since this was not done, the Assessing Officer had reason to bel....

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....ing these facts and circumstances, we find that there is no merit in the challenge to the issuance of the notice under Section 148 (dated 30.03.2021). 7. In view of the foregoing discussion, the Petition only partly succeeds. The challenge to the impugned notice dated 30.03.2021 and the order dated 11.03.2022 is hereby rejected. However, the challenge to the final impugned Assessment Order date....