Assessee challenged order passed under section 148A(d) and notice issued under section 148 on ground that monetary requirement for reopening assessment was Rs. 50 lakhs which was not fulfilled in present matter as amount sought to be added in income of assessee was only Rs. 34.63 lakhs. Dismissing the petition the Court held that the condition precedent of an asset in form of Rs. 50 lakhs was not attracted to instant case, as notice under section 148A(b) had been issued within three years of assessment year sought to be assessed and section 148A(d) order as well as section 148 notice was within prescribed time. Said section 148 notice and order passed under section 148A(d) were set aside by the Court on petition of assessee and matter was remanded to Assessing Officer to decide matter in time bound manner. The Court held that the fact that a scrutiny assessment had been undertaken in instant case would not come to assessee’s rescue, as revenue had subsequently received information that one of parties with whom assessee had transacted was an alleged entry operator, which fact was not known to revenue when scrutiny assessment was carried out. Accordingly the petition was dismissed. (AY. 2018-19)
Ester Industries Ltd. v. ACIT (2023) 291 Taxman 172 (Delhi)(HC).Editorial : SLP dismissed as withdrawn , Ester Industries Ltd. v. ACIT (2023) 292 Taxman 1 (SC )
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Entry operator-Monetary limit of less than 50 lakhs-Subsequent information-Writ petition was dismissed.[S. 148, 148A(b), 148A(d), Art. 226]