For the Asstt.Year: 2014-15, the assessee filed the return of income, which was subjected to the reassessment proceedings through notice u/s 148 dtd. 31-03-2021. After considering the explanations and submissions with the necessary documents and the statement of accounts, the reassessment order u/s 147 was passed on 26-03-2022 accepting the submissions made by the assessee. After conclusion of the reassessment proceedings, the AO issued notice u/s 148A(b) on 31-05-2022 in accordance with the judgment of the Supreme Court in Union of India Vs. Ashish Agarwal (2022) 138 taxmann.com 64 / 286 Taxman 183 / 444 ITR 1 (SC) followed by the order u/s 148A(d) and the notice u/s 148 on 20-07-2022. On writ, the Hon’ble Court held that the second round of reassessment proceeding reinitiated on the same set of reasons vide Show Cause Notice dtd. 31-05-2022 u/s 148A(b) of the Act cannot be sustained and accordingly, the order dtd. 20-07-2022 u/s 148A(d) as well consequential notice u/s 148 of the even date shall stand quashed. The Writ Petition is accordingly allowed. (AY. 2014-15)
Jaswant Singh Juneja v. ITO (2024) 301 Taxman 371 (Delhi)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Reassessment was concluded on 26-3-2002-Reassessment proceedings on same set of facts is not sustainable.[S. 147, 148, 148A(b) 148A(d), Art. 226]