Santosh Sonkar vs Union Of India And Ors on 16 January, 2025

Calcutta High Court

Santosh Sonkar vs Union Of India And Ors on 16 January, 2025

Author: Rajarshi Bharadwaj

Bench: Rajarshi Bharadwaj

OD-4

                     IN THE HIGH COURT AT CALCUTTA
                     CONSTITUTION WRIT JURISDICTION
                              ORIGINAL SIDE

                                WPO/976/2024

                             SANTOSH SONKAR
                                     VS
                          UNION OF INDIA AND ORS.

BEFORE:
The Hon'ble JUSTICE RAJARSHI BHARADWAJ
Date : 16th January, 2025.
                                                                        Appearance:
                                                            Mr. Gaurav Mathur, Adv.
                                                            Mrs. Swati Agarwal, Adv.
                                                                  For the petitioner...

                                                               Mr. Amit Sharma, Adv.
                                                                For the respondents..

The Court:- Learned Counsel appearing for the petitioner submits that

the Income Tax Officer, 37(1), being respondent no. 3 in the instant writ

petition, passed an order under Section 148 A(d) of the Income Tax Act, 1961

dated 29th March, 2024 without complying with the requirements of Section

148 A(c) and without considering the reply given by the petitioner while passing

his order under Section 148 A(d) of the Act.

Learned Counsel appearing for the respondent Authority submits that

the petitioner has failed to satisfy the requirements under Section 50C of the

Income Tax Act, which speaks of special provision for full value of

consideration in certain cases and relies on the order dated 29 th March, 2024.
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The order dated 29th March, 2024 under Section 148A(d) of the Income

Tax Act 1961, is as follows:-

“On perusal of certain third-party information available in the Tax Payer

Annual Summary (TAS) in the profile view of the assessee, following

information related to F.Y 2019-20 is given here under in summarized

form as per table below:-

Stamp value

TSN Information Information Description Transaction

Code Amount

in Rs.

                                Purchase             of

                SFT-012(P)    immovable        property

1120032701769                 (SFT-012)

                              ADDITIONAL REGISTRAR

                              OF   ASSURENCE      (Filer
                                                           31,50,000     1,60,87,500
                              TAN: CALA19704G)

Despite having entered into the above-mentioned financial transaction(s)

to the tune of Rs. 1,29,37,500/- (CAPITAL GAINS) which is more than

the minimum amount of income chargeable to tax, the assessee has not

filed his return of income for the AY 2020-21. The above information

suggests that the income chargeable to tax for the assessment year
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2020-21 has escaped assessment within the meaning of section 147 of

the Act.

Accordingly, an opportunity of being heard was accorded to the

assessee by issuing a show-cause notice (SCN) u/s 148A (b) of the Act

dated 18.01.2024 whereby the assessee was requested to furnish his

explanation along with relevant supporting document on or before

29.01.2024. Along with the said SCN, the assessee was also provided

with the relevant information with respect to the case.

In response to the SCN dated 18.01.2024, the assessee requested

for time due to cold, cough & ill health and completely under bed rest.

The time was allowed and assessee was requested to reply by

05.03.2024. In his reply on 05.03.2024 the assessee submitted

purchased deeds which shows that the market value of the property was

Rs. 173,25,000/- whereas the set forth value was Rs. 63,00,000/-. The

reply is insufficient in respect with the insight information, I am of the

considered opinion that the income chargeable to tax to the tune of Rs.

1,29,37,500/-, has escaped assessment for the AY 2020-21 in the

instant case and it is fit case for issuance of notice u/s 148 of the Act.”

On perusal of this order, it is seen that there is a clear violation of

Section 50C of the Income Tax Act as the consideration received on transfer of

capital estate being land and building in this case is less than the valuation
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adopted or assessed by the authority of the State Government for the purpose

of payment of Stamp Duty to be full violation of the consideration received on

accruing is a result of such transfer.

Thus, the order passed by the respondent no. 3 under Section 148A(d) of

the Income Tax Act is not interfered by this Court and the writ petition is

dismissed.

(RAJARSHI BHARADWAJ, J.)

arsad