Shalini Mittal (Ms.) v. ITO (2023) 295 Taxman 722 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Capital gains-Profit on sale of property used for residence-Furnished copy sale deed and NHAI bonds-Non application of mind-Reassessment notice and order under section 148A(d) is quashed and set aside. [S. 45, 54, 54EC,148, 148A(b), 148A(d), Art. 226]

 Notice was issued under section 148A(b) alleging that she had sold a property and claimed deductions under sections 54 and 54EC but no details had been made available regarding reinvestment of amount claimed for deductions. Assessee submitted reply and attached necessary documents in form of copy of registered sale deed and copies of NHAI bonds  Assessing Officer rejected reply on ground that assessee had not provided copy of sale deed and passed order under section 148A(d) and issued notice under section 148 of the Act. On writ  allowing the petition the court held that  copy of income-tax return clearly disclosed sale consideration coupled with deductions claimed  and the assesssee along with reply to notice had duly submitted copy of sale deed as well as copies of NHAI bonds, it was a case of non-application of mind by Assessing Officer. Notice and order is quashed.  (AY. 2018-19)