Moti Finvest Private Limited vs Union Of India & Ors on 5 August, 2025

0
1

1. This is the second round of litigation initiated by the petitioner to

challenge the proceedings issued under section 148A of the Income Tax

Act, 1961 (hereinafter referred to as ‘the said Act’) which ultimately

culminated in the order passed under section 148A(d) of the said Act

dated 22nd January, 2025 in respect of the assessment year 2019-20.

Following the above, a notice under section 148 of the said Act for the

relevant assessment year dated 22nd January, 2025was also issued. .

2. Records would reveal that the petitioner had previously approached this

Court by filing a writ petition which was registered as WPO/556/2024.

By an order dated 20th August 2024, this Court taking note of the

submissions made by the petitioner and considering the fact that in

absence of the respondents disclosing the basis on which the show

cause notice had been issued under section 148A(b) of the said Act, had

proceeded to set aside the order passed under section 148A(d) of the

said Act dated 26th April, 2023 with a further direction upon the

respondents to make available the basis of information based on which

the notice under section 148A(b) of the said Act was issued. The above

order was communicated by the petitioner to the respondents by

communication in writing dated 24th August, 2024. Pursuant to the

above, the petitioner was offered an opportunity of hearing as would

appear from the communication dated 18th September, 2024. Following

the above, the petitioner once again by letter dated 25th September,

2024 reiterated its earlier stand by highlighting the order passed by this

Court on 20th October, 2024. Records would also reveal that only

thereafter, the respondents by an electronic mail on 9th October, 2024

had favoured the petitioner with the documents/information on the

basis of which notice under section 148A(b) of the said Act dated 31st

March, 2023 was issued so as to support the case of undisclosed

income of Rs.40,00,000/- which had escaped assessment.



Source link

LEAVE A REPLY

Please enter your comment!
Please enter your name here