AASHISH NIRANJAN SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. With the consent of the parties, taken up for final hearing and disposal.

(2.) This petition is a challenge to reassessment proceedings initiated in respect of assessment year 2013-14 ("AY-2013-14"). The Petitioner, an individual had filed the relevant tax returns on 27/9/2013, offering taxable income of Rs.73,08,942.00. The returns were subjected to scrutiny assessment under Sec. 142(2) of the Income-tax Act, 1961 ("the Act"). The assessment order came to be passed on 11/3/2016. An addition of Rs.1,14,329.00 was made to the returned income. In compliance with the same, the additional tax amount as assessed was paid on 12/4/2016.

(3.) On 31/3/2021 i.e. seven years after the end of the relevant assessment year, a notice under Sec. 148 ("Impugned Notice") was issued to the Petitioner by the Assistant Commissioner of Income-tax, Circle 7 in Pune, Respondent No.2. The sanction for the issuance of the notice under Sec. 148 had been issued by the Principal Commissioner of Income-tax-4, Pune, Respondent No.3. In response, the Petitioner submitted that he had no change to make to the originally filed returns and therefore, the very same returns were again filed by him on 28/4/2021. On 30/6/2021 Respondent No.2 issued a notice under Sec. 143(2) along with the reasons for reassessment. The stated reason provided for the proposed reassessment was that the returns had not been subjected to scrutiny assessment.