CHANCHAL BHAGWATILAL GOKHRU Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Respondents Counsel waives service.

(2.) By this Petition under Article 226 of the Constitution, the Petitioner seeks a Writ of Mandamus to quash and set aside the impugned notice dtd. 26/3/2021 under sec. 148 of the Income Tax Act, 1961 ("the Act") whereby the Respondent No. 2 proposed to reopen the assessment of the Petitioner for the Assessment Year ("AY") 2014-15 as he had reason to believe that income chargeable to tax had escaped Assessment and all subsequent proceedings to the impugned notice.

(3.) The Petitioner had filed her return of income for AY 2014-15 on 28/7/2014. The Assessing Officer ("AO") had passed an order u/s 143 (3) of the Act on 18/11/2016, whereby he added Rs.1,07,18,922.00 to the total income on account of withdrawal of exemption claimed by the Petitioner u/s 10(38) of the Act and the Petitioner paid tax on the same. Thereafter, the Petitioner was also granted waiver of penalty for the AY 2014-15 on 31/1/2018 on application u/s 273A of the Act by the PCIT-18, Mumbai.