Kumar Santosh Vs PCIT & Ors (Delhi High Court)
Reassessment Proceedings Stayed
The Delhi High Court considered a petition challenging reassessment proceedings under Section 148 of the Income Tax Act, 1961. The petitioner stated that reassessment was initiated concerning insurance commission of Rs.90,64,748/- received from IFFCO-Tokio General Insurance Company Ltd., which was reflected in the petitioner’s return of income.
The petitioner submitted that despite providing a satisfactory reply, the Assessing Officer passed an order under Section 148A(3) and issued a Section 148 notice dated 29.06.2026.
Dispute Over Material Relied Upon
The Department submitted that page 122 referred to material relied upon, described as verification details attached, and contended that the document had not been attached by the petitioner.
The petitioner’s counsel stated that no document had been received apart from the annexures enclosed at pages 121 and 122 of the writ petition.
The Court issued notice. The Department accepted notice and was granted four weeks to file its reply, with four weeks thereafter for any rejoinder.
Interim Stay
The Delhi High Court directed that proceedings in furtherance of the Section 148 notice dated 29.06.2026 would remain stayed pending further proceedings. The matter was listed for 26.11.2026.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
1. Allowed, subject to all just exceptions. Application stands disposed of.
W. P.(C) 11466/2026
2. Learned counsel for the petitioner submitted that the reason for which the reassessment proceedings under Section 148 of the Income Tax, 1961 (hereinafter referred to as ‘the Act of 1961’) were initiated against the petitioner were, insurance commission amounting to Rs. 90,64,748/- received from IFFCO-Tokio General Insurance Company Ltd., which has duly been reflected in petitioner’s return of income and in spite of the fact that petitioner has given satisfactory reply, the Assessing Officer (hereinafter referred to as ‘AO’) has passed impugned order under Section 148A(3) of the Act of 1961 and issued notice under Section 148 of the Act of 1961 on 29.06.2026 and decided to continue with the proceedings.
3. Mr. Gaurav Gupta, learned Senior Standing Counsel for the Department pointed towards page no. 122 and submits that it gives reference of material relied upon – verification detail attached, which document has not been attached by the petitioner.
4. Learned counsel for the petitioner at this juncture asserted that he has not received any document apart from the annexure which the petitioner has enclosed being page no. 121 & 122 of the writ petition.
5. Issue notice.
6. Mr. Gaurav Gupta, learned Senior Standing Counsel for the Department accepts notice and prays for and is granted four weeks’ time to file reply.
7. Rejoinder, if any, be filed within a period of four weeks thereafter.
8. List this case on 26.11.2026.
9. Meanwhile, the proceedings in furtherance of the notice dated 29.06.2026 issued under Section 148 of the Act of 1961 shall remain stayed.
