MANAGING COMMITTEE Vs. SHRI MANGI LAL SHARMA

JUDGEMENT

(1.) These writ petitions are being decided by this order as the facts and issues involved are same. Though in some of the cases penalty under Sec. 271D and in others under Sec. 271E of the Income Tax Act, 1961 (hereafter 'the Act of 1961') was imposed. The language of Sec. 271D and Sec. 271E are analogous. For the sake of convenience, the facts are being taken from D.B. Civil Writ Petition No.1102/2025.

(2.) This petition is filed seeking quashing of notices dtd. 1/10/2024, 3/1/2025, 13/1/2025 issued under Sec. 271E of the Act of 1961, for Assessment Year 2012-2013.

(3.) The brief facts are that search was conducted on the premises of the petitioner. The proceedings initiated under Sec. 148 of the Act of 1961 culminated in re-assessment order dtd. 12/3/2024 resulting in additions of Rs.9,90,000.00 and Rs.23,785.00 under Ss. 69A and 69C of the Act of 1961 respectively. The order was passed after approval from the Additional Commissioner of the Income Tax (hereinafter 'ACIT'). On 1/10/2024 notice was issued to the petitioner for imposition of penalty under Sec. 271E of the Act of 1961. In the response dtd. 16/10/2024 the petitioner relied upon the decision of the Supreme Court in Commissioner of Income Tax Vs. Jai Laxmi Rice Mills reported in [(2015) 379 ITR 521 (SC)] to contend that there was no satisfaction recorded in the reassessment order for initiating the penalty proceedings under Sec. 271E of the Act of 1961. The objections filed were rejected and a notice dtd. 3/1/2025 was issued. Hence, the present writ petition.