Wtax/1052/2022 Of Atul Mittal v. Income Tax Officer

Case :- WRIT TAX No. - 1052 of 2022 Petitioner :- Atul MittalRespondent :- Income Tax OfficerCounsel for Petitioner :- Mahima Jaiswal,Saurabh Sharma,Sr. AdvocateCounsel for Respondent :- Gaurav Mahajan Hon'ble Surya Prakash Kesarwani,J.Hon'ble Surendra Singh-I,J. Heard Shri Shambhu Chopta, learned Senior Advocate assisted by Ms. MahimaJaiswal and Shri Krishna Agrawal, learned Senior Standing Counsel for therespondent. This writ petition has been filed praying for the following relief: (i) Certiorari quashing the notice issued u/s 148A(b) dated 09-03-2022 of the Actfor A.Y. 2018-19; (ii) Certiorari quashing the summons issued u/s 131A of the Act. (iii) Certiorari quashing the Order passed u/s 148A of the Act dated 31-032022for A.Y. 2018-19; (iv) Certiorari quashing the notice issued u/s 148 A.Y. 2018-19 dated 31-03-2022; (v) Mandamus commanding the Respondents to desist from initiating anyreassessment proceedings for A.Y.2018-19 in pursuance to the impugned noticeu/s 148; The only ground for issuing notice under Section 148A(b) of the Income TaxAct, 1961 taken by the respondent is that the total credits in two bank accountsof the petitioner exceeds his turnover. In his reply, the assessee has disclosed the entire details of his entries in his bankaccount. He specifically mentioned that cheques dishonored, transfer of amountfrom saving bank account to current account, maturity of FDR credited in thebank account etc. have been added in the total credits so as to assume that thecredits increased the turnover. In his reply, the petitioner has also tried to demonstrate that the turnover is notbelow the credit entries in the bank account. However, the Assessing Officerwhile passing the impugned order under Section 148A(d) of the Income Tax Act,1961, completely failed to consider the reply of the petitioner and rejected thereply solely on the ground that the Deputy Director of Investigation has sent thereport. Shri Krishna Agrawal, learned Senior Standing Counsel stated that theimpugned order may be set aside and the matter may be remitted back to therespondent to pass an order afresh in accordance with law, after considering the reply of the petitioner. In view of the aforesaid, the impugned order dated 31.03.2022 under Section148A(d) of the Income Tax Act, 1961 for the assessment year 2018-19 passed bythe respondent, is hereby quashed. The matter is remitted back to the concernedrespondent/Assessing Officer to pass an order afresh after considering the replyof the petitioner and affording him reasonable opportunity of hearing. With the aforesaid directions, the writ petition is disposed of. Order Date :- 16.8.2022Brijesh Maurya