TMI Blog2024 (1) TMI 756X X X X Extracts X X X X X X X X Extracts X X X X ..... terms ' no notice under section 148 shall be issued for the relevant assessment years ' which means in the event, if any notice is issued, without jurisdiction, still by referring section 149(1) of the Act, the petitioner can take a stand that the notice has been issued without any jurisdiction. Further, the petitioner can also raise the issue that her income did not cross 50 lakhs or more in the sale transaction. Therefore, it is not that the petitioner will not have any opportunity to raise the jurisdiction issue in the Section 148 proceedings. The said aspect is also fairly accepted by the learned counsel for the respondent stating that the petitioner will have the opportunity to raise the jurisdictional issue by way of filing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .04.2022 proposing to reassess the income of petitioner for the AY 2015-16. 2 . The case of the petitioner is that she has sold her land for a sum of Rs. 40 lakhs, however, the market value of the property has been shown in the sale deed as Rs. 51 lakhs. Therefore, the income chargeable to tax after deduction of cost of acquisition and expenses in connection with transfer of the property was less than the taxable income, hence, there was no obligation for the petitioner to file return of income. However, the respondent issued a show cause notice dated 18.03.2022 under section 148A of the Income Tax Act (hereinafter referred to as 'Act') calling for the petitioner to show cause as to why not the income chargeable to tax for the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice issued under section 148 has no jurisdiction. 3 . The learned counsel for the petitioner submitted that in the event, if the income chargeable to tax is 50 lakhs or more, definitely, the officer concerned has jurisdiction to initiate assessment/reassessment proceedings under Section 148A on the income derived from sale of the petitioner's property. In the present case, though the petitioner filed her reply stating that apart from cost of purchase, if the amount spent towards two percentage of brokerage charges and development cost is deducted, then, the value of the income derived chargeable would be below 50 lakhs. Therefore, the respondent has no jurisdiction to issue impugned order and impugned notice as well. However, wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the petitioner as well as learned Standing counsel appearing for the respondent and also perused the materials available on record. 6. Now, the issue to be decided in the present case is as to whether the petitioner can raise the jurisdictional issue before the officer, who issued notice under section 148 of the Act. 7. At this juncture, it would be apposite to extract the provisions of section 149(1) of Income Tax Act, which reads as under :- '149.(1) No notice under section 148 shall be issued for the relevant assessment year,- (a) if three years have elapsed from the end of the relevant assessment year, unless the case falls under clause (b); (b) if three years, but not more than ten years, have elapsed from th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in etc., in the event, if she furnishes those particulars along with relevant documents supporting her claim, the Assessing Officer will take a stand whether the notice issued by him is within the jurisdiction or not. 10 . In such view of the matter, this court is inclined to pass the following order:- (a) The petitioner is directed to file reply to the show cause notice issued under section 148 of the Act, raising issue on jurisdiction along with the relevant documents in support of her claim within a period of 30 days from the date of receipt of a copy of this order. (b) Thereafter, the respondent is directed to consider the jurisdictional issue with regard to the notice under section 148 of the Act after taking into considerati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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