Facts of the Case
The petitioner, Luv Impex Private Limited, challenged
reassessment proceedings initiated by the Revenue under the Income Tax Act,
1961. The dispute arose from:
- Notice
dated 07.03.2023 under Section 148A(b)
- Order
dated 28.03.2023 under Section 148A(d)
- Subsequent
notice dated 04.07.2023 under Section 144B
The Revenue alleged that the petitioner had engaged in bogus
purchase transactions, amounting to approximately ₹24.31 crores,
involving certain entities suspected to be non-genuine.
The petitioner had submitted partial replies along with
supporting documents such as:
- Bank
statements
- Tax
invoices
- E-way
bills
- Ledger
accounts
However, the Assessing Officer (AO) proceeded to pass an adverse order without furnishing the underlying material relied upon.
Issues Involved
- Whether
reassessment proceedings under Sections 148A(b) and 148A(d) are
valid when material relied upon is not furnished to the assessee.
- Whether
failure to disclose incriminating material violates principles of
natural justice.
- Whether the AO can disregard evidence submitted by the assessee without proper consideration
Petitioner’s Arguments
- The
AO relied on undisclosed material, thereby denying a fair
opportunity to respond.
- The
petitioner had already furnished documentary evidence proving
genuineness of transactions.
- Non-supply
of adverse material compromised the defense of the petitioner.
- The proceedings violated principles of natural justice, making the order unsustainable.
Respondent’s Arguments
- The
Revenue contended that the AO had sufficient material indicating bogus transactions.
- It
was argued that the reassessment proceedings should be allowed to
continue.
- However, the Revenue admitted that the material relied upon by the AO was not furnished to the petitioner.
Court Findings / Order
- The
AO failed to provide relevant material/information relied upon for
forming the opinion.
- This
omission violated principles of natural justice.
- The
petitioner’s evidence (bank statements, invoices, e-way bills) was not
properly considered.
- The
AO should have confronted the petitioner with adverse material,
such as:
- Non-existent
vehicles
- Suspicious
entities
- Investigation
findings
Final Order
- The
order dated 28.03.2023 under Section 148A(d) was set aside.
- The
AO was granted liberty to pass a fresh order.
- Directions
issued:
- Provide
all relevant material to the petitioner
- Allow
filing of further response
- Grant opportunity of personal hearing
Important Clarification
- The
Court clarified that it did not examine the merits of the
allegations.
- The AO is free to proceed afresh, but only after ensuring compliance with natural justice.
Sections Involved
- Section
148A(b) – Inquiry before issuance of notice
- Section
148A(d) – Order for reassessment
- Section
144B – Faceless assessment procedure
- Principles of Natural Justice (Audi Alteram Partem)
Link to download the order -https://delhihighcourt.nic.in/app/showFileJudgment/RAS21082023CW110712023_143119.pdf
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