South Asian Stocks Ltd. v. ACIT (2022) 289 Taxman 33 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained investments-Shares-SEBI registered broker-Information was not reported by the Assessing Officer of Vishesht Financial Services Pvt. Ltd. (VFSPL) to assessee’s Assessing Officer-Notice was set aside and matter was to be remanded to Assessing Officer to pass a fresh order-Matter remanded. [S. 69, 147, 148, 148A(d), Art. 226]

Assessee, a SEBI registered broker, was issued notice under section 148A(b) of the Act.   Notice was issued on basis of assessment proceedings of one Vishesht Financial Services Pvt. Ltd. (VFSPL) wherein it was observed that  Vishesht Financial Services Pvt. Ltd.  (VFSPL)  could not provide PAN/GSTIN of entities in whose scrips it traded through assessee-broker. Assessing Officer passed order under section 148A(d) and issued reopening notice on ground that no details regarding said transactions were found to be declared in assessee’s return, thus, same had resulted in escapement of income. On writ it    was contended that scrutiny assessment of VFSPL was concluded even prior to issuance of notice under section 148A(d) to assessee and assessment order in case of VFSPL was passed without making any additions. Court held that since said information was not reported by VFSPL’s Assessing Officer to assessee’s Assessing Officer, reopening notice was to be set aside and matter was to be remanded to Assessing Officer to pass a fresh order under section 148A(d). Matter was  remanded. (AY. 2018-19)