Pushpa Chhajer vs Principal Comm. Of Income Tax-1

Pushpa Chhajer W/o Mahendra Chhajer, Aged About 62 Years, Proprietor Of M/s Bhaval Export, Resident Of C-69, Shastri Nagar, Jodhpur, Rajasthan. ----Petitioner Versus

1. Principal Commissioner Of Income Tax-1, Income Tax Department, Paota C Road, Jodhpur

2. Assistant and Deputy Commissioner Of Income Tax ACIT/DCIT, Circle 1, Jodhpur ----Respondents

For Petitioner(s) : Mr. Sundeep Bhandawat

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

02/09/2020

This writ petition has been preferred on behalf of the

petitioner being aggrieved with the notice dated 26.2.2020

(Annex.-5) issued by the respondent No.2 under Section 148

of the Income Tax Act, 1961 (for short 'the Act of 1961') for

the assessment year 2015-16.

In the above notice, the respondent No.2 has mentioned

that it has reasons to believe that the petitioner's income

chargeable to tax for the assessment year 2015-16 has

escaped asessment within the meaning of section 147 of the

Act of 1961 and, therefore, the petitioner was asked to

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deliver her return in the prescribed form for the said

assessment year within thirty days.

Learned counsel for the petitioner has submitted that

after receiving of notice dated 26.2.2020, the petitioner vide

letter dated 3.4.2020 (Annex.-6) asked for supply of reasons

along with copy of sanction letter but the same have not been

supplied to her till date and the respondent No.2 is

proceeding against the petitioner under Section 148 of the

Act of 1961 without giving any reasons for the same and the

petitioner has every reason to believe that no reasons have

been recorded by the respondent No.2 while issuing notice

dated 26.2.2020 (Annex.-5).

Learned counsel for the petitioner has submitted that

the Hon'ble Supreme Court in the case of GKN Driveshafts

(India) Ltd. Vs. Income-Tax Officer and Others,

reported in 2003 (1) SCC 72 has specifically held that the

Assessing Officer is bound to furnish reasons within a

reasonable time and after receipt of reasons, the noticee is

entitled to file objections to issuance of notice and the

Assessing Officer is bound to dispose of the same by passing

a speaking order. Learned counsel for the petitioner has

argued that the respondent No.2 has not followed the due

procedure and is bent upon to pass the final order under

Section 148 of the Act of 1961 without giving proper

opportunity of hearing to the petitioner.

The Hon'ble Supreme Court in the case of GKN

Driveshafts (India) Ltd. (supra) has held as under :- (Downloaded on 03/09/2020 at 08:22:26 PM)

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"However, we clarify that when a notice under section 148 of the Income-tax Act is issued, the proper course of action for the noticee is to file a return and if he so desires, to seek reasons for issuing notices. The Assessing Officer is bound to furnish reasons within a reasonable time. On receipt of reasons, the noticee is entitled to file objections to issuance of notice and the Assessing Officer is bound to dispose of the same by passing a speaking order."

In view of the above, this writ petition is disposed of

with a direction to the Assessing Officer to supply the reasons

to the petitioner pursuant to her representation dated

3.4.2020 (Annex.-6) within a period of one week from the

date of receipt of certified copy of this order. On receipt of

reasons, the petitioner may file her objections within a period

of one week thereafter to issuance of notice dated 26.2.2020

and the Assessing Officer shall consider those objections and

dispose of the same by passing a speaking order within a

reasonable time.

It is made clear that without following the above

referred procedure the Assessing Officer shall not pass any

final order pursuant to the notice dated 26.2.2020 (Annex.-

5).

(VIJAY BISHNOI),J

ms rathore

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