In a significant legal development, the Delhi High Court has ruled on the matter of reassessment proceedings for AY 2017-18. The court’s decision, quashing the notice, will have far-reaching implications. Stay informed about the latest updates in this case involving the revenue and Mr. Kalrav Mehrotra.
Facts
- Notice under Section 148 of the Act issued to reopen assessment for AY 2017-18
- The notice was quashed based on decisions of several High Courts and the Court dated 30 July 2022
- Revenue passed a decision under Section 143(3) of the Act accepting the ITR
Arguments
- Mr. Kalrav Mehrotra, counsel for the petitioner, argued that reassessment proceedings for AY 2017-18 lack jurisdiction and are unlawful.
- The counsel for the revenue also maintained this stance.
- He contended that the initiation of proceedings is solely based on a change of opinion without new substantial evidence.
Analysis
- The impugned notices and orders in the writ petitions are quashed due to lack of approval of the specified authority as per Section 151(ii) of the Act.
- The revenue is given liberty to commence reassessment proceedings afresh if the impugned orders are set aside.
- Both parties retain their rights and contentions if reassessment proceedings are triggered by the revenue.
Case Title: ASHOK KUMAR MAKHIJA Vs. UNION OF INDIA (THROUGH SECRETARY) AND ORS. (2024:DHC:3665-DB)
Case Number: W.P.(C)-16680/2022
