Jaswant Singh Juneja Vs ITO (Delhi High Court)
Delhi High Court held that reinitiating of reassessment action u/s. 148 of the Income Tax Act on the same set of reasons on which assessment proceedings had already been concluded is unjustified and hence liable to be set aside.
Facts- Petitioner is the proprietor of M/s. JMK Enterprises, which is engaged in dealing in electronic goods and components. Petitioner filed its return of income for the AY 2014-15 on 29.11.2014, declaring a total income of Rs. 23,05,560/-.
Respondent No. 1 issued a notice u/s. 148 dated 31.03.2021 proposing to assess/reassess the income of the petitioner. After considering the submissions and the document placed on record by the petitioner, an Assessment Order u/s. 147 dated 26.03.2022 came to be passed, accepting the submissions made by the petitioner.
On 31.05.2022, yet another notice u/s. 148-A(b) purportedly in accordance with the judgment of the Supreme Court in Union of India v. Ashish Agarwal (2023) 1 SCC 617, came to be issued. Despite the fact that an order u/s. 147 dated 26.03.2022 was already passed, respondent No. 1 passed an order u/s. 148-A(d) on the same information which was the subject matter of the order passed u/s. 147 dated 26.03.2022. Consequent to the aforesaid order, a notice u/s. 148 of the Act came to be issued on 20.07.2022. Such order u/s. 148-A(d) and the notice u/s. 148 of the Act, both dated 20.07.2022, are subject matter of challenge in the present writ petition.
