TaxTMI 
TaxTMI 
2026 (8) TMI 1358
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.... Assessment year 2019-20. 2. The core issue is whether the Assessing Officer is justified in forming a prima facie opinion of escapement of income without adhering to the procedural safeguards under 148A. 3. The Learned Counsel appearing for the petitioner submits that the impugned order suffers from jurisdictional errors as the Assessing Officer travels beyond the scope of the Show Cause Notice dated 26.03.2025 issued under Section 148A(1). 4. It is contended that although a specific prayer for grant of personal hearing has been made in the reply dated 16.04.2025, the same has not been adhered to thereby vitiating the order on the ground of violations of principles of natural justice. 5. It is further submitted that the materia....
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....ts of the case, we are of the opinion that the respondent- Assessing Officer could not have assumed the jurisdiction merely and solely relying upon the information made available on the insight portal without forming any independent opinion on the basis of the material on record vis-a-vis the petitioner is concerned." II. In the case of Nitin Agarwal vs. Income Tax Officer passed by the Division Bench of this Court reported in (2023) 157 taxmann. Com.35 (Calcutta) the relevant paragraphs 3 and 4 are reproduced below: "3. Once again, the assessee sought for the relevant documents and liberty to file an additional objection. The reply given by the assessee on 12.4.23 has not been taken into account in the manner it should ha....
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....may be relied upon by the department." III. The petitioner also places reliance on the Order dated 21.05.2026 being WPA 19538 of 2025 (Pinnacle Enterprises Pvt. Ltd And Anr. vs Assistant Commissioner of Income Tax-2, Central Circle 4(1), Kolkata and Another). 8. Per contra, the Learned Counsel appearing for the respondents submits that the impugned order is a reasoned and speaking order passed in strict conformity with the provision of Section 148A. It is further submitted that the findings are based on the petitioner's own document and returns, the question of affording a further personal hearing at the stage of Section 148A(3) does not arise. 9. The substantive opportunity shall be available during the reassessment proceedi....
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.... of the considered view that the interest of justice would be met by directing the Assessing Officer to afford a meaningful opportunity of hearing to the petitioner during the course of reassessment proceedings, to enable them to rebut the allegations and produce further evidence in support of their case. 15. It is a well settled proposition that personal hearing at 148A (3) stage is not an absolute right. Substantive hearing must be given during reassessment. 16. In view of the above observations the Writ Petition is disposed of with the following directions, i. The order dated 30.06.2025 passed under Section 148A(3) and the consequential notice under Section 148 are upheld. ii. The Assessing Officer shall proceed w....