Section 148 Assessment instead of under Section 153A/153C- HC Grants Stay

Tirupati Construction Company Vs Income Tax Office & Anr. (Rajasthan High Court)

Learned counsel Shri Bissa has filed reply today. Heard on stay application.

The pertinent assertion of learned counsel Shri Gargieya is that the assessing authority could not have adopted the procedure provided under Section 148 of the Income Tax Act for reopening the assessment of the petitioner because such action was taken on the basis of facts revealed to the assessing authority during the assessment of DRA Group at Ahmedabad and the proceedings, if any, would have to be conducted under Section 153A read with Section 153C of the Income Tax Act.

In view of the facts noted above, it is hereby directed that all proceedings in furtherance of the impugned notice dated 31.03.2021 (Annexure-P/1) shall remain stayed.

List for final disposal on 10.05.2022.

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