Ashok Kumar Madan v. ITO [2023] 153 taxmann.com 103 / (2025) 482 ITR 798 (Delhi)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Reasons for notice not disclosed-Reassessment notice quashed and set aside.[S. 147, 148, 148A(b), 148A(d), Art. 226]

Held that the notice for reassessment was not valid. First, the notice issued under section 148A(b) of the Income-tax Act, 1961, proceeded on a completely incorrect premise, i.e., that the assessee was a non-filer of an income-tax return. Second, the information concerning the salary received by the assessee, as well as the sale of property, was disclosed in the return. Third, the e-mail said to have been received from the buyer of the subject property had not been shared with the assessee. The notice was liable to be quashed.(AY.2016-17)

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