Shyam Sundar Dhanuka v. ITO (2024) 461 ITR 22 (Cal)(HC) Editorial : Affirmed by division bench, Shyam Sundar Dhanuka v. UOI (2023) 156 taxmann.com 499 /(2024) 461 ITR 25 (Cal)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-No violation of principle of natural justice-Loan transactions-Question of fact-Writ petition is dismissed. [S. 69C, 148A(b), 148A(d), Art. 226]

The assessee sought to challenge the order passed u/s. 148A(d) of the Act on the ground that reopening was sought based on report of Directorate General of Income-tax (Investigation) wherein some remark was made as ‘potential borrower/lender’. However, the Court noted that the said order referred to cash loans being availed by the assessee from finance broker named Kaseras attracting provisions of section 69C, 269SS, 269T and other related penal provisions of the Act. Court also noticed that order was well reasoned and there was no violation of principles of natural justice nor order lacked inherent jurisdiction. Hence, considering case involved scrutiny of facts, evidence, Court declined to interfere. Court also directed to cause enquiry of person who affirmed the petition on behalf of the assessee. (AY. 2016-17))

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