Reopening notice u/s 148A quashed as assessee’s reply was not visible on e-filing portal due to technical glitch
In a recent judgment the Hon’ble High Court has quashed the reopening notice issued u/s 148A of the Income Tax Act, 1961 (the Act). as assessee’s reply was not visible on income tax e-filing portal due to technical glitch
ABCAUS Case Law Citation:
ABCAUS 3879 (2024) (02) HC
In the instant case, the assessee had filed a Writ Petition before the Hon’ble High Court against the order passed under clause (d) of Section 148A of the Act.
The grievance of the petitioner was that though the petitioner had submitted a reply on on electronic mode to the show cause notice issued to it under clause (b) of Section 148A of the Act, the same had not been considered by the Income Tax Department (ITD) and it was erroneously stated that there was no reply filed by the petitioner at all to the said show cause notice.
The ITD admitted that the petitioner did file a reply to the show cause notice but the same had not been considered, as it was not reflected on the on-line portal of the Income Tax Department due to technical error. It was admitted that the petitioner had filed its reply within allowed time.
The Division Bench opined that in view of the facts of the case, the impugned order passed by the ITD could not be sustained.
Accordingly, the Hon’ble High Court allowed the writ petition. The Order passed under clause (d) of Section 148A of the Act as well as consequential notice issued under Section 148 of the Act were quashed and set aside.
The Income Tax Department was directed to consider the reply filed by the petitioner and then pass a reasoned order, in accordance with law, and communicate it to the petitioner.
Download Full Judgment Click Here >>
- AO took a reasonable stand that 25 kg written in WhatsApp chat was 25 lakh – ITAT
- Shareholders can’t be taxed for income from properties owned by the company – HC
- Jurisdictional error in reassessment approval can’t be shielded by the law of limitation
- ITAT ought to remanded whole matter of bogus purchases instead of profit determination
- Where proceedings u/s 153C barred by limitation, AO can’t invoke section 148 & 148A
