Delhi High Court
M/S Rise Projects Private Limited vs Assistant Commissioner Of Income ... on 28 October, 2022
Neutral Citation Number: 2022/DHC/004540
$~A-9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13076/2022 & CM APPL.39590/2022
M/S RISE PROJECTS PRIVATE LIMITED ..... Petitioner
Through: Mr.Gautam Jain, Advocate with
Mr.Piyush Kumar Kamal and Mr.Ajit
Kumar Jha, Advocates.
versus
ASSISTANT COMMISSIONER OF INCOME TAX AND ANR.
..... Respondents
Through: Mr.Ruchir Bhatia, Sr.Standing
Counsel with Ms.Mansie Jain,
Advocate.
% Date of Decision: 28th October, 2022
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMOHAN, J (ORAL):
CM APPL.39591/2022 (exemption)
Allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P.(C) 13076/2022 & CM APPL.39590/2022
1. Present writ petition has been filed challenging the order passed under
Section 148A(d) of the Income Tax Act, 1961 ['the Act'] and the notice
issued under Section 148 of the Act both dated 15th July, 2022 for the
Assessment Year 2016-17.
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:31.10.2022
Neutral Citation Number: 2022/DHC/004540
2. Learned counsel for the petitioner states that pursuant to the directions
of the Supreme Court in Union of India v. Ashish Agarwal, 2022 SCC
OnLine SC 543 the Petitioner was issued a letter dated 24th May, 2022
under Section 148A(b) of the Act alleging that Petitioner had taken
accommodation entries of Rs. 99,00,000/- from a bogus company controlled
and operated by an established entry provider, namely, Mr.Himanshu Verma
and it had purchased immovable property of Rs.13,10,58,000/- sources of
which were not explained.
3. He states that the petitioner filed a reply to the said letter wherein it
was submitted that the reassessment proceedings were sought to be initiated
on incorrect facts as the transaction with the entity allegedly owned by
Mr.Himanshu Verma had taken place in the Financial Year 2016-17 which
is relevant to the assessment year 2017-18 and not the year under
consideration i.e. assessment year 2016-17. He further states that in the
return of income filed by the Petitioner for the year under consideration, it
had disclosed purchases under the heads of land, capital cost, labour and
under charges aggregating to Rs. 55,05,57,558/- which is far higher than the
figure of Rs. 13,10,58,000/- alleged in the notice.
4. Learned counsel for the petitioner states that the issue of purchase of
property had already been assessed by the Assessing Officer during original
scrutiny assessment for the assessment year 2016-17 and the said
transactions had been accepted by the respondents vide assessment order
dated 19th December, 2018. He submits that the proceedings initiated under
Section 147 of the Act are based on a mere change of opinion which is not
permissible in law, as there is no fresh tangible material before the
respondents to take a contrary view to the one taken during original scrutiny
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:31.10.2022
Neutral Citation Number: 2022/DHC/004540
assessment. He states that the impugned order dated 15th July, 2022 passed
under Section 148A(d) of the Act has been passed without considering the
detailed reply filed by the petitioner.
5. Issue notice. Mr.Ruchir Bhatia, learned senior standing counsel for
the respondents-revenue, accepts notice.
6. He, on instructions, states that as the petitioner's contentions have not
been considered while passing the impugned order under Section 148A(d) of
the Act, the Assessing Officer has no objection if the present matter is
remanded back for a fresh consideration.
7. Keeping in view the aforesaid, the impugned order passed under
Section 148A(d) and the notice issued under Section 148A of the Act both
dated 15th July, 2022 for the assessment year 2016-17 are set aside and the
Assessing Officer is directed to pass a fresh order under Section 148A(d) of
the Act in accordance with law within eight weeks. The rights and
contentions of all the parties are left open. With the aforesaid directions, the
present writ petition and application stand disposed of.
MANMOHAN, J
MANMEET PRITAM SINGH ARORA, J
OCTOBER 28, 2022
TS
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:31.10.2022
