2026 (8) TMI 1668

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....writ petition hence, the same is taken up for final hearing with consent of the learned advocates appearing for the respective parties. 3. The petitioner has challenged the impugned notice dated 16.03.2026 issued under section 148 of the Income Tax Act, 1961 (for short "the Act") for the Assessment Year (AY) 2022-23. 4. Learned advocate Mr. Vora appearing for the petitioner has submitted that the loose paper, upon which reliance is placed, is neither authored nor signed by the petitioner or any of the co-owners of the land and it does not mention the name of the petitioner or purchaser. He has submitted that the only name appearing on the page is Bro. Manish Bopal, who is neither the purchaser nor has any connection with petitioner an....

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....ly opposed the present writ petition and has submitted that at this stage, the impugned action of the respondent of reopening of assessment and passing of order under section 147 read with section 143(3) of the Act may not be interfered since the petitioner had ample opportunities to defend reopening of assessment in the regular assessment proceedings. It was further submitted that as per the provision of section 148 of the Act, more particularly clause 4 below Explanation 2, it cannot be said that the information, which is unearthed during the search proceedings from the concerned broker, does not pertain or pertains to any information contained therein relates to the assessee. It is submitted that the legislature has deliberately used the....

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....tioner has no connection. The Satisfaction Note also does not refer that the petitioner has any connection with B Safal Group, City Estate Group, City Estate Management India and City Procon Realtors Private Limited. The information on the loose paper is premised on non-related third party. 10. This Court, in the case of the very petitioner for AY 2021-22 being Special Civil Application No. 3809 of 2026 (supra), has held thus: "28. A bare perusal of the chit reveals that it does not contain any names or identifiable figures, and the same is dated 18.03.2019. After a gap of almost two years, the petitioner bought the land vide sale deed dated 10.03.2021. We fail to understand how the Assessing Officer has alleged payment of "on-m....