2026 (9) TMI 452

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....ed 31.07.2022 and the notice issued under Section 148 of the Act of the even date to the petitioner seeking reopening of the assessment for the Assessment Year (for short 'A.Y.') 2017-18. Brief Facts 2. The petitioner filed its return of income for the A.Y. 2017-18, declaring total income of Rs. 4,73,481/- on 01.08.2017. No scrutiny assessment was undertaken on the return of income and the same was accepted as such. Subsequently, the petitioner was issue notice under Section 148 of the Act, dated 28.04.2021, by the respondent alleging that the income has escaped assessment. Subsequently, another notice was issued under Section 148A(b) of the Act, dated 30.05.2022. 2.1 In the show cause notices, it has been alleged that the petition....

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....ficer Ward - 1(2)(2), Special Civil Application No.17933 of 2018 and allied matters. Thus, it is urged that the writ petition may be allowed by setting aside the impugned notice and the order. 4. Opposing the present writ petition and the foregoing submissions, learned Senior Standing Counsel, Mr. Karan G. Sanghani appearing for the respondent has submitted that at this stage, the reopening of the assessment may not be quashed as it is precisely reopened by issuance of notices under Section 148 of the Act. He has submitted that on receipt of the information by the Deputy Commissioner of Income Tax, the survey action was initially carried out against one Shripal Vora and subsequently, it was converted into search action and during the sea....

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....o the provisions of Section 148 of the Act is premised on the incriminating material found during the search action under Section 132 of the Act against Shripal Vora. 6. At this stage, we may refer to the decision rendered by this Court in the case of Paras Chandreshbhai Koticha (Supra), dated 07.01.2026, where this Court after threadbare examination of the provisions of Section 153A/153C of the Act and provisions of Section 147/148 of the Act in context of reopening of the assessment pursuant to the search actions conducted under Section 132/132A of the Act has held thus: "76. We answer the issues by summarizing the observations as under: 1) It is mandatory for the Assessing Officer of a "searched person" (Section 153A....

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....provisions of Sections 147/148 of the Act on the basis of incriminating material found during the search and seizure conducted under Sections 132 or 132A of the Act. However, the Revenue cannot be restricted, barred, or left remediless from invoking the provisions of Sections 147/148 of the Act, subject to fulfillment of the conditions mentioned therein, and the assessment can be reopened on the basis of material collected post-search from any other independent source." 7. Thus, as per the observations mentioned herein above, the only option available for the Jurisdictional Assessing Officer to assume the jurisdiction on the incriminating material found during the search proceedings under Section 132 of the Act, is to reopen the assessme....