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TMI Blog2024 (9) TMI 1196X X X X Extracts X X X X X X X X Extracts X X X X ..... or the respondent. 2. Rule returnable forthwith. Learned Senior Standing Counsel Mr. Karan Sanghani waives service of notice of rule for the respondent. 3. Having regard to the controversy involved which is in narrow compass, with the consent of the learned advocates for the parties, the matter is taken up for hearing. 4. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the notice dated 28.03.2024 issued under section 148 of the Income Tax Act, 1961 [for short 'the Act'] for the assessment year 2020-21. 5. Brief facts of the case are that the petitioner did not file return of income for the Assessment Year 2020-21 as his total income did not exceed the maximum amou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner as the petitioner was only a Power of Attorney holder of both the partnership firms and transactions were carried out by the petitioner on behalf of the partnership firms who have already filed a return of income and taxes having been paid. It was also contended by the petitioner that Sub- Registrar has wrongly made intimation of the transaction in the name of the petitioner instead of the partnership firm. 11. The petitioner thereafter received notice under section 148A (b) of the Act to show-cause as to why notice under section 148 of the Act should not be issued for reopening of the assessment. 12. The petitioner again filed detailed reply dated 17.02.2024 providing explanation that he had executed the sale deeds as Power of Attorn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o sale consideration is reflected in each of the sale deed executed by the petitioner in the capacity of Power of Attorney holder. It was therefore, submitted that the impugned order and notice are without jurisdiction and are liable to be quashed and set aside as there is no income which has escaped in the hands of the petitioner. 17. On the other hand, learned Senior Standing Counsel Mr. Karan Sanghani for the respondent could not controvert the contention raised on behalf of learned advocate for the petitioner to the effect that the petitioner was only the Power of Attorney holder. 18. Having considered the submissions made by the petitioner on behalf of the petitioner as well as the observations made by the respondent-Assessing Office ..... X X X X Extracts X X X X X X X X Extracts X X X X
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