Case Law Details
Chetan Sabharwal Vs ACIT (Delhi High Court)
On a perusal of Fresh information in the form of investigation report which was produced before this Court, it appears prima facie that there was sufficient material to justify the reopening of the assessment in both sets of cases. Further, upon reading the reasons to believe as a whole the ‘live link’ between the material in the form of the investigation report and the formation of belief that income that has escaped assessment is prima facie discernable. The Court hastens to add that this is a prima facie view which is all that is necessary at this stage,  therefore, reassessment notice was sustained as valid.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
1. These four writ petition arise out of a common set of facts and seek similar reliefs pertaining to the reopening of assessments earlier made for the Assessment Years (AY) 2008-09 and 2009-10 under Sections 147/148 of the Income Tax Act, 1961 (Act). They are accordingly being disposed of by this common judgment.
2. Mr. Chetan Sabharwal has filed two writ petitions – W.P. (C) No.10898/2015 which challenges the notice dated 31st March, 2015 issued by the Respondent/Assistant Commissioner of Income Tax (ACIT) under Section 148 of the Act seeking to reopen the assessment for AY 2008-09 and the consequential order dated 24th September, 2015 disposing of its objections and W.P. (C) No. 10897/2015 which challenges an identical notice and the order disposing of its objections for the AY 2009-10.
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