Shri Shyam Corporation v. Income Tax Officer, Ward-1(1), Jaipur

[2025:RJ-JP:21008-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 10607/2024 Shri Shyam Corporation, Having Its Address At 202, Block 11,Royal Green, Sirsi Road, Jaipur Through Its Partner Shri PankajAgarwal. ----Petitioner Versus Income Tax Officer, Ward-1(1), Jaipur Having Its Address At NewCentral Revenue Building, Statue Circle, Bhagwan Das Road,Jaipur ----Respondent For Petitioner(s) For Respondent(s) : Mr. Siddharth Ranka with Mr. Rohan Chatter Mr. Rohan Chatter : Mr. Anuroop Singhi with Mr. N.S. Bhatti &Mr. Aditya KhandelwalMr. N.S. Bhatti &Mr. Aditya Khandelwal HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE MUKESH RAJPUROHITOrder 19/05/2025 1.This petition is filed challenging the order dated 15.04.2024passed under Section 148A(d) of the Income Tax Act, 1961 (forshort ‘the Act’) relating to assessment year 2021. 2.The petitioner firm is an income tax assessee and is engagedin business of trading. The return for the assessment year 2021was filed. 3.The petitioner was issued a notice u/s 148A(b) of the Act.Along with the reasons for reopening, a corrigendum dated26.03.2024 was issued. The reasons mentioned that the petitionerhad made unaccounted purchases from M/s Rashmi Exports foravailing the benefit of input tax credit. By issuing corrigendum dated 26.03.2024, the name of the seller was changed fromM/s Rashmi Exports to M/s Vasuki Tradelink Pvt. Ltd. 4.The petitioner raised an objection that the information givenby the GST department to the Income Tax department quaM/s Vasuki Tradelink Pvt. Ltd. was subsequently withdrawn andtherefore, there is no basis for issuance of notice u/s 148A(b) ofthe Act. 5.Learned counsel for the respondent has produced the copy ofcommunication dated 22.03.2025 received from the department,same is taken on record. The contention is that the GSTdepartment has clarified that the information regarding M/s VasukiTradelink Pvt. Ltd. was wrongly sent rather the information waswith regard to M/s Varuni Internatioal. 6.In view of the above, the very foundation for issuance ofnotice u/s 148A(b) of the Act is eroded. Consequently, theimpugned order dated 15.04.2024 and the notice are quashed. 7.The writ petition is allowed. (MUKESH RAJPUROHIT),J (AVNEESH JHINGAN),J Riya/48