Assessee is a housewife who had no income and therefore, was not filing any income tax return. She received a notice under section 148A(b) from Assessing Officer stating that he had information which suggested that income chargeable to tax had escaped assessment and thus requiring assessee to show cause as to why proceedings under section 148 should not be initiated. Assessee submitted that property was purchased by her husband and all payments were made by him. Assessee also explained that her name was included as a joint holder in agreement for sale, but no payment was made by her. She also submitted copy of registered agreement for property and husband’s bank details. The Assessing Officer passed order under section 148A(d) by holding that explanation and documents submitted by assessee did not conclusively preclude suggestion based on information available that income chargeable to tax had escaped assessment. On writ allowing the petition the Court held that since Assessing Officer had accepted that assessee had not made any payment for purchase of property, it was not a fit case for reopening assessment in case of assessee. Notice and order disposing the objection is quashed. (AY. 2016-17)
Kalpita Arun Lanjekar v. ITO (2024) 298 Taxman 626 (Bom.)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-House wife-Property purchased by husband-Joint holder-Reassessment notice and order disposing the objection is quashed. [S.69B, 148, 148(A)(b), 148A(d), Art. 226]