2026 (4) TMI 741

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.... Counsel Mr. Aaditya Bhatt for the respondent. 2. Having regard to the controversy arising in the petition which is in narrow compass, with the consent of the learned advocates for the respective parties, the matter is taken up for hearing. 3. Rule returnable forthwith. Learned Senior Standing Counsel Mr. Bhatt waives service of notice of rule on behalf of the respondent. 4. By this petition under Article 226 of the Constitution of India, the petitioner challenges the issuance of notices under section 148A(1) of the Income Tax Act, 1961 (hereinafter referred to as "the Act") dated 29.03.2025 proposing to issue notice under Section 148 of the Act for the Assessment Year 2019-20 and also the order dated 12.06.2025 passed by the respo....

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....ioner filed suit being Special Civil Suit No.406 of 2016 for setting aside the sale deed, which took place between Shri Shahnoor Kothawala and Shri Pradeep Joiser and also sought for declaration of title and possession of the said land before the District Court, (Rural) Ahmedabad. Along with the same, revision application and stay application was also filed before the Special Secretary, Revenue Department (Appeals) [SSRD] by the said Shri Shahnoor Kothawala and Shri Pradeep Joiser challenging the order dated 05.05.20216 passed by the Collector, Ahmedabad, which came to be rejected vide order dated 14.09.2016. 5.3. It is the case of the petitioner that Special Civil Suit No.406 of 2016 was converted into Special Civil Suit No. 625 of 2017....

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.... Section 148 of the Act should not be issued alleging income escapement assessment at Rs.1,17,00,000/-. In response to the same, the petitioner filed a detailed reply objecting against the impugned notice for reassessment. The respondent rejected the submissions advanced by the petitioner and passed the impugned order dated 12.06.2025 under Section 148A(3) of the Act and also issued notice under Section 148 alleging escapement of income assessment at Rs. 1,17,00,000/-. Hence, the petitioner is constrained to approach this Court by way of present petition. 6. Learned Senior Advocate Mr. Soparkar appearing on behalf of the petitioner, while inviting attention of this Court to the notice issued under Section 148A(1) of the Act, has submitte....

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....reflect that the petitioner has obtained the amount in cash for the land in question. 6.2. Learned Senior Advocate Mr. Soparkar has submitted that the author of the said complaint which has been filed before the Director General of Police, Gandhinagar i.e. Shri Ramesh Suthar is never summoned by the authorities and hence, in wake of the fact, it is submitted that reopening is required to be quashed and set aside. 7. In response to the aforesaid submissions, learned Senior Standing Counsel Mr. Bhatt for the respondent while placing reliance on the very same material on which the case of the petitioner is premised, has submitted that the investigation and the search proceedings reveal that the petitioner had entered into huge cash trans....