Case Law Details
Ravindra Pratap Shahi Vs Union of India And 2 Others (Allahabad High Court)
The case of Ravindra Pratap Shahi Vs Union of India And 2 Others, adjudicated by the Allahabad High Court, pertains to the challenge raised against reassessment proceedings initiated under Section 147 read with Section 148 of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’), as well as the order passed by the Assessing Authority under Section 148A(d) of the Act.
The petitioner contests the validity of the reassessment proceedings on several grounds. Firstly, it is argued that there is no relevant material to support the initiation of reassessment proceedings against the petitioner. The information relied upon by the Assessing Authority was obtained during search proceedings against a third party, M/s Omaxe Limited, and does not indicate any income escaping assessment at the hands of the petitioner. Moreover, doubts are raised regarding the integrity of the information furnished, as it includes data superimposed on original data retrieved from M/s Omaxe Limited.
Secondly, the petitioner challenges the adequacy of the opportunity granted to respond to the notice issued under Section 148A(b) of the Act. Despite the statutory requirement of a minimum of seven days for filing a reply, only six days were provided to the petitioner.
On the other hand, the revenue contends that the correctness of the information received is not justiciable, and the Assessing Authority has the discretion to determine whether it is a fit case to initiate reassessment proceedings based on the material available.
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