Case Law Details
Sunil Jain Vs Income Tax Department (Delhi High Court)
HC Court is also of the opinion that just because the Appellate Authority has the power to modify an assessment order with regard to a source of income that has not been considered during assessment proceedings does not mean that the jurisdiction of the authorities under Section 148 of the act would be excluded when the issue involved in the proceeding under Section 148 of the Act is not the same as that being considered under Section 251 of the Act. The power under Section 148 of the Act is an independent power and would not stand excluded on exercise of powers of appellate jurisdiction by the CIT(A) under Section 251 of the Act and that too in an Appeal filed by the Assessee qua cash deposit of Rs.34,54,500/- in his Corporation Bank account.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
1. Present writ petitions have been filed challenging the reassessment notice dated 28 th March, 2021 issued under Section 148 of the Income Tax Act, 1961 [for short ‘the Act’] and the assessment order dated 27th March, 2022 passed under Section 147 read with Section 144B of the Act for the Assessment Year 2017-18.
FACTS:
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