AMBER Vs. DEPUTY COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) This matter is taken up by video conferencing mode.

(2.) This writ petition is directed against the Notice dated 29th March, 2019 issued by the Deputy Commissioner of Income Tax, Circle-2(1), Cuttack (Opp. Party No.1), to the Petitioner under Section 147 of the Income Tax Act, 1961 (the 'Act') proposing re-assessment for the Assessment Year (AY) 2012-13. The Petitioner also challenges the order dated 26th June, 2019 passed by Opp. Party No.1 rejecting the Petitioner's objection to the reopening of the assessment and the consequential notice dated 26th July, 2019 issued under Section 142(1) of the Act, calling for accounts, documents, etc. in connection with the re-assessment proceedings for the aforementioned AY 2012-13.

(3.) The background facts are that the Petitioner filed income tax returns for the AY 2012-13 electronically on 28th September, 2012 disclosing a total income of Rs.34,80,490/-. The Petitioner's tax returns were subjected to scrutiny under CASS, for which statutory notices under Sections 143(2) and 142(1) of the Act were issued to it by the Assessing Officer (AO). An assessment order was passed under Section 143(3) of the Act on 15th November, 2014 by the AO purportedly being satisfied with the genuineness of the transactions and documents, etc. disclosed by the Petitioner.