9911796707
TMI Blog2025 (3) TMI 96X X X X Extracts X X X X X X X X Extracts X X X X ..... el Mr. Varun K. Patel for the respondent waives service of notice of rule on behalf of the respondent. 3. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dated 28/03/2023 passed under Section 148A (d) as well as notice dated 28/03/2023 issued under Section 148 of the Income Tax Act, 1961 (for short 'the Act'). 4. The petitioner is a public charitable trust registered under the provisions of the Bombay Public Trust Act, 1950. For the assessment year 2019-2020, the petitioner did not file return of income as there was no taxable income. The respondent issued a notice dated 15/02/2023 under Section 148A (a) of the Act for assessment year 2019-2020 as no retur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ereafter received notice dated 28/02/2023 under Section 148A (b) of the Act on the basis of the same information. The petitioner sought time to file reply to the notice under Section 148A (b) of the Act on 09/03/2023 which was granted by the respondent up to 16/03/2023. The petitioner filed reply reiterating the fact stated in the reply to the notice under Section 148A (a) of the Act on 17/03/2023. However, the respondent-Assessing Officer did not consider such reply filed by the petitioner on 17/03/2023 and passed order under Section 148A (d) of the Act on 28/03/2023 along with the notice under Section 148 of the Act. 7. Learned advocate Mr. Rushin Patel for the petitioner submitted that while passing the order under Section 148A (d) of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osit was wrong information which is accepted by the respondent in the affidavit-in-reply filed in response to the notice issued by this Court. It was further submitted that the impugned order and the notice are therefore liable to be quashed and set aside in absence of any information in possession of the respondent. 10. Reliance was placed on provisions of Section 148 of the Act which stipulates that the Assessing Officer can reopen the assessment only on the basis of the information in his possession which suggests that income has escaped assessment. 11. On the other hand, learned Senior Standing Counsel Mr. Varun K. Patel for the respondent submitted that the information in the impugned notice under Section 148A (a) of the Act followed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. 13. Having heard the learned advocates for the respective parties it is clear that from the reasons recorded in both the notices issued under Section 148A (a) and Section 148A (b) of the Act that there is no cash deposit made by the petitioner in any of the bank accounts and there is no information of any escaped income with the respondent-Assessing Officer so as to initiate the reopening proceedings. Moreover, the explanation given by the petitioner in reply to the notice under Section 148A (a) of the Act and the documents annexed therewith, prima facie, shows that there is no income earned by the petitioner but there is excess of expenditure over income for the year under consideration and as such the petitioner was not liable to file ..... X X X X Extracts X X X X X X X X Extracts X X X X
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