Case Law Details
Sukhmeet Kaur Vs ITO (Delhi High Court)
Introduction: The Delhi High Court’s case of Sukhmeet Kaur Vs ITO tackles the procedural matters concerning the serving of notice under Section 148A(b) of the Income Tax Act, 1961. The case revolves around a high-value immovable property transaction that the petitioner allegedly failed to declare. The judgment emphasizes the crucial stage at which the facts should be brought to the Assessing Officer’s notice.
Analysis:
1. Notice under Section 148A(b): The petitioner was served a notice but failed to respond. Consequently, an assessment order was passed by the Assessing Officer (AO) under Section 148A(d) of the Act.
2. The Allegation and Petitioner’s Claim: The petitioner is accused of entering into a high-value transaction concerning immovable property without declaring it for AY 2016-17. The petitioner contends that the transaction was taken into account twice and also claims 50% ownership of the property.
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