(M.R. Shah and B.V. Nagarathna, JJ.)
Petition for Special Leave to Appeal (C) No. 882/2022, decided on February 14, 2022
Income Tax Officer _______________________________ Petitioner;
v.
Kayathwal Estate Private Limited __________________ Respondent.
(IA No. 9536/2022-Exemption From Filing C/C of the Impugned Judgment)
Petition for Special Leave to Appeal (C) No. 882/2022; R/SCA No. 19454/2019; and IA No. 9536/2022
The Order of the court was delivered by
Order
1. Having heard Shri Balbir Singh, learned ASG and in the facts and circumstances of the case more particularly at the time of Scrutiny Assessment under Section 143(3), the Assessing Officer had asked for the details regarding the unsecured loan taken by the Assessee during the year under consideration and the Assessee furnished the details as asked for and thereafter, after perusing the details so furnished by the Assessee, the Assessing Officer passed an order under Section 143(3) of the Act. Therefore, it cannot be said that there was any suppression on the part of the Assessee in not disclosing true an correct facts. It is required to be noted that even the re-assessment proceeding were initiated beyond the period of four years. Under the circumstances, the High Court is absolutely justified in quashing the re-assessment proceedings and the notice under Section 148 of the Income Tax Act. No interference of this Court is called for in exercise of powers under Article 136 of the Constitution of India.
2. With this, the Special Leave petition stands dismissed. of.
3. Pending application(s), if any, shall stand disposed of.
———
