Facts of the
Case
The petitioner, Catchy Prop-Build Private Limited, filed
a writ petition challenging:
- Show cause notice dated 16.03.2022 issued under Section 148A(b)
of the Income Tax Act, 1961
- Order passed under Section 148A(d)
- Reassessment notice under Section 148
All pertaining to Assessment Year 2018–19.
The reassessment proceedings were initiated based
on transactions involving purchase and sale of shares. The petitioner contended
that:
- The transactions were duly recorded in the books of accounts
- The same were disclosed in the return of income
- Share valuation was conducted as per Rule 11U and 11UA of Income Tax Rules, 1962 by a qualified Chartered Accountant
Issues
Involved
- Whether a notice under Section 148A(b) is valid if it does
not contain specific allegations of income escaping assessment
- Whether the Assessing Officer can introduce new grounds in the
order under Section 148A(d) which were not part of the show cause
notice
- Whether a vague notice violates principles of natural justice
Petitioner’s
Arguments
- The show cause notice was vague and lacked any allegation of
escapement of income
- The notice merely referred to transactions without establishing any
wrongdoing
- The petitioner had already disclosed all relevant transactions in
its return
- The order under Section 148A(d) was passed on a completely new
ground (financial unsoundness of investor company), which was never
mentioned in the notice
- This denied the petitioner a proper opportunity of being heard, violating natural justice
Respondent’s
Arguments
- The Revenue admitted that the notice under Section 148A(b) was vague
- Sought permission to issue a supplementary notice
- Relied on the judgment in:
Mahashian Di Hatti Pvt. Limited vs Deputy Commissioner of Income Tax (2022)
Court’s
Findings / Order
The Delhi High Court held:
- The notice under Section 148A(b) did not contain any foundational
allegation regarding unexplained income
- The petitioner was never asked to explain the source of funds
used in the transaction
- A supplementary notice cannot cure a fundamentally defective notice
- Distinguished the case of Mahashian Di Hatti Pvt. Ltd.,
where foundational allegations were present
Final Order:
- The writ petition was allowed
- The following were quashed:
- Notice under Section 148A(b)
- Order under Section 148A(d)
- Notice under Section 148
- However, liberty was granted to the Revenue to take fresh action in accordance with law
Important
Clarification
- A valid notice under Section 148A(b) must contain specific
and clear allegations
- Absence of foundational facts makes the entire reassessment
proceeding invalid
- Authorities cannot improve or supplement a defective notice at a later stage
Sections
Involved
- Section 148A(b), Income Tax Act, 1961
- Section 148A(d), Income Tax Act, 1961
- Section 148, Income Tax Act, 1961
- Rule 11U & Rule 11UA, Income Tax Rules, 1962
Link to download the
order -https://delhihighcourt.nic.in/app/showFileJudgment/MMH17102022CW137342022_184822.pdf
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