TaxTMI 
TaxTMI 
2026 (8) TMI 769
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.... under the Income Tax Act, 1961 (hereinafter referred to as 'the Act') for the A.Y. 2022-23. 3. The petitioner describes himself to be a salaried employee of a private Corporation. Alternatively, it has been stated that the petitioner had never engaged in any business activity of sale or supply of goods or services. For the assessment year in question, the petitioner had filed its Income Tax Return disclosing annual income Rs.4,15,630/-. He had not derived any other income. In those circumstances, the petitioner was surprised to receive show cause notice dated 30.3.2026 issued under Section 148-A(1) of the Act. In that, reference has been made to information derived under the risk management strategy through the Income Tax Portal....
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....d by him in that trade name. He has also completely denied association with the business address of the said Hari Om Traders, as disclosed to the GST Authority at Jhuggi NP-8, Road No.77, Rajiv Gandhi Camp, Punjabi Bagh, Delhi. 5. Having thus denied its connection with Hari Om Traders and having completely denied any business conducted by him, the petitioner has further stated that his identity may have been stolen specifically, while he submitted certain online loan applications. 6. Also, the petitioner claims to have made enquiries from GST Authority wherein he has received an e-mail dated 29.4.2026 from the GST Authorities. In material part it reads as below:- "The matter has been examined and it is observed that an applic....
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....ailable and treating the same to be relevant, re-assessment proceedings have been drawn. 8. Submission is that the objections raised by the petitioner have not been dealt with, point-wise. No reason has been ascribed to turn down any of the specific objections raised. Since petitioner has not conducted any business transaction, he therefore claims, he may not be subjected to reassessment proceedings, unless preliminary enquiries are made to ascertain that it is the petitioner, who is the real person behind the business transactions evidenced in the name of Hari Om Traders. 9. On the other hand, learned Senior Standing Counsel for the revenue contended, upon the amendment made to the law, the revenue is only obligated to establish exis....
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....authority to initiate the assessment proceedings. As to what may constitute determination- that it is a fit case to issue notice under Section 148 of the Act, the time tested rule of relevancy of the material and application of mind to the objection raised, may still survive. 12. In the present facts, it is admitted to the petitioner that the revenue has in its hands information drawn from its portal. It is referable to the PAN of the petitioner. Under the present scheme and regime, all transactions performed by a person where client details are admitted, get reflected on the Common Portal by such transactions being linked to the PAN identity of a person. That has led to the present grievance of the petitioner. While the petitioner does ....
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....re-assessment proceedings, at present, the stage was not set for the revenue authorities to pass any other order to accept the petitioner's defence as may lead to re-assessment proceedings being dropped. To accept the defence of petitioner, evidence would have to be led, documents would have to be examined and enquiry would have to be made before firm conclusion of identity theft can be drawn. That may be done only during the course of proper assessment/re-assessment proceedings. At the preliminary stage, in the context of the amended law, no further enquiry was required to be made to determine that this is a fit case for re-assessment proceedings to arise. However, this is not to say that the revenue is absolved of its responsibility t....