Tmen Systems Private Limited Vs ACIT (Supreme Court of India)
The matter arose from reassessment proceedings initiated under the Income Tax Act, 1961 for Assessment Year 2020–21. The assessee challenged a notice dated 21.03.2024 issued under Section 148A(b), the order dated 12.04.2024 passed under Section 148A(d), and the consequential notice dated 12.04.2024 issued under Section 148. The petition before the Delhi High Court sought quashing of these actions on the ground that they were issued without authority and jurisdiction, violated the provisions of the Act and principles of natural justice, and infringed Articles 14, 19(1)(g), 265 and 300A of the Constitution.
Read HC Judgment in this case: Section 148 Proceedings Upheld Procedurally as HC Advises Assessee to Submit Reply to AO
After receiving the notice under Section 148A(b), the assessee sought 15 days’ time to file a reply through a letter dated 28.03.2024. A further notice dated 29.03.2024 granted time until 10.04.2024 to submit the response. However, the reply was filed on 28.04.2024, beyond the stipulated date. In the reply, the assessee again sought additional time and stated that the authorities had not provided a party-wise breakup of ₹3,16,00,000, making reconciliation with its books difficult. Meanwhile, the authorities had already passed the order under Section 148A(d) on 12.04.2024 and issued a notice under Section 148 initiating reassessment proceedings.
