Case Law Details
Rampal Samdani Vs Union of India (Rajasthan High Court)
Rajasthan High Court held that reassessment resorted only on account of ‘Change of opinion’ of AO and without there being any fresh tangible evidence for reopening the assessment proceedings is liable to be struck down.
Facts- The petitioner did not furnish his return of income for A.Y. 2013-14 for the reason that he was having income lower than the basic exemption limit prescribed under the Income Tax Act and Rules. A notice dated 08.04.2016 was issued by the ITO proposing to initiate assessment proceedings u/s. 147 of the Income Tax Act.
Based on the return furnished, the cash was taken up for scrutiny assessment and notice dated 07.02.2017 u/s 142(1) was served upon him. Thereafter, an order under Section 156 of the Income Tax Act was issued on 26.04.2017 indicating that the petitioner was required to pay ‘NIL’ amount towards income tax.
In the year 2021, the petitioner was served with a notice dated 30.03.2021 issued under Section 148 of the Income Tax Act whereby, the assessment of the petitioner for the Assessment Year 2013-14 was sought to be reopened.
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