Facts of the Case
The
petitioner challenged the order dated 30.11.2023 passed under Section 148A(d)
of the Income-tax Act, 1961 for Assessment Year 2007-08 along with the notice
issued under Section 148. The petitioner had earlier filed returns which were
assessed, followed by search proceedings and additions relating to interest
expenses and valuation of work-in-progress. The matter was subsequently settled
before the Income Tax Settlement Commission (ITSC), which passed a final order
under Section 245D(4).
Issues Involved
1.
Whether assessment proceedings can be reopened after a final settlement order
of the ITSC.
2. Whether Sections 147/148 can override the finality under Section 245-I.
3. Whether Section 150 permits reopening in consequence of judicial findings.
Petitioner’s Arguments
The
petitioner contended that once the ITSC had passed a final settlement order for
the assessment year, all issues stood concluded and could not be reopened. It
was argued that the issues sought to be reopened were already considered by the
ITSC and had attained finality.
Respondent’s Arguments
The
Revenue argued that the issues forming the basis of reassessment had not been
examined by the ITSC and that reopening was justified in light of the Supreme
Court judgment in Abhisar Buildwell Pvt. Ltd.
Court Order / Findings
The
Delhi High Court allowed the writ petition and quashed the impugned order and
notice. The Court held that once the ITSC passes an order under Section
245D(4), it becomes final and conclusive under Section 245-I, and reassessment
proceedings for the same assessment year cannot be initiated except in cases of
fraud or misrepresentation.
Important Clarification
The
Court clarified that reopening an assessment after settlement would lead to
conflicting assessment orders for the same year, which is impermissible. The
only remedy available to the Revenue is under the provisions governing
settlement orders.
Sections Involved
Income-tax
Act, 1961 — Sections 147, 148, 148A, 150, 245D(4), 245‑I; Article 226 of the
Constitution of India.
Link to download the order -
https://delhihighcourt.nic.in/app/showFileJudgment/59619032024CW165242023_172835.pdf
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