Case Law Details
Schneider Electric India Pvt. Ltd Vs ACIT (Delhi High Court)
1. Present writ petition has been filed challenging the show cause notice dated 15th March, 2022 issued under section 148A(b) of the Income Tax Act, 1961 (for short ‘Act’), order dated 31st March, 2022 issued under Section 148A(d) and the notice dated 31st March, 2022 issued under section 148 of the Act for the Assessment Year 2018-19.
2. Learned counsel for the Petitioner submits that in terms of the “information” available with the Respondent No 1, it has been alleged that the Petitioner’s claim for IGST Refund was incorrect and hence, the said amount “is required to be disallowed”. He states that an IGST Refund, being a balance sheet item, is not a claim made in the profit and loss account and by no stretch of imagination can the same be termed as “income chargeable to tax having escaped assessment” and hence, in terms of Section 147 of the Act as well as the first proviso to Section 148, the show cause notice dated 15th March, 2022 is patently illegal.
3. Learned counsel for the Petitioner also states that the order dated 31st March, 2022 passed under section 148A(d) of the Act and notice dated 31st March, 2022 issued under section 148 of the Act have been passed/issued in gross violation of the principles of natural justice. He states that the impugned order does not even mention that the petitioner had filed an application seeking an adjournment so as to enable it to file a reply on merits.
4. He emphasises that the petitioner became aware of the show cause notice dated 15th March, 2022 for the first time on 24th March, 2022 as it was sent to the wrong email address.
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