Shri Tarlochan Lal Goel Vs ACIT (Delhi High Court)
Delhi High Court examined the writ petition of Shri Tarlochan Lal Goel challenging the reopening of his assessment for the Assessment Year (AY) 2011-12. The petitioner had filed his Return of Income (ROI) on 28.02.2012, which was processed under Section 143(1) of the Income Tax Act. However, the Assessing Officer (AO) issued a notice under Section 148 for reassessment on 30.03.2018, citing three issues: income from contracts, investment in bonds, and interest on refunds. The AO incorrectly believed that the petitioner had failed to file the ROI, which was a factual error as the return had already been submitted. The High Court found that the AO’s reasons for reopening the assessment were based on incorrect assumptions. Since the petitioner had fully disclosed the income, investments, and interest in the original return, the foundation for the reassessment was flawed. The Court quashed the notice and objections, ruling in favor of the petitioner, thereby dismissing the reopening of the assessment.
FULL TEXT OF THE ORDER OF ITAT DELHI
1. This writ petition concerns Assessment Year (AY) 2011-12.
2. Via this writ petition, the petitioner seeks to assail the notice dated 30.03.2018 issued under Section 148 of the Income Tax Act, 1961 [in short, “The Act”] and the order dated 30.11.2018, passed by the Assessing Officer (AO), disposing of his objections.
