Case Law Details
Sanjay Kumar Vs ACIT (Delhi High Court)
Introduction: In the case of Sanjay Kumar Vs ACIT, the Delhi High Court scrutinizes a notice issued under Section 148 of the Income Tax Act for the Assessment Year 2016-2017. This article delves into the detailed analysis of the judgment, highlighting jurisdictional flaws, and errors in the reassessment proceedings.
Detailed Analysis: The writ petition challenges the notice issued by the Income Tax department concerning the assessment year 2016-2017. The petitioner, Sanjay Kumar, had purchased a flat in Noida and made payments over specific periods, duly recorded and accounted for. Despite this, the notice under Section 148 was issued, triggering reassessment proceedings.
The petitioner raised several objections, indicating the timeline of payments and the inclusion of the flat as a fixed asset in his returns for the respective assessment years. However, the Assessing Officer (AO) seemingly overlooked these crucial details, leading to jurisdictional flaws in the reassessment process.
The High Court scrutinizes the actions of both the AO and the sanctioning authority, highlighting their failure to consider the material on record and apply their minds adequately. The endorsement by the sanctioning authority lacked depth, resembling a mere rubber stamp approval, devoid of substantive reasoning.
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