Dilip Shivaji Chavan vs. ITO, Ward-2, Pandharpur

Parties Involved

Facts Summary

The assessee, Dilip Shivaji Chavan, had filed a return of income for the Assessment Year (AY) 2013-14. The assessee's case was selected for scrutiny, and an assessment order was passed on 03.03.2016. A notice under section 148 was issued on 26.07.2022, alleging an escapement of income of Rs.1,84,39,420/-. The assessee argued that the Assessing Officer (AO) was aware that the assessee's share was only 1/6th of the total amount, i.e., Rs.37,85,167/-. The assessee contended that the notice under section 148 was bad in law as the escapement of income was less than Rs.50 lakh, and it was issued after a lapse of 3 years from the end of the assessment year.…

Legal Issues

• 1. Whether the notice issued under section 148 of the Income Tax Act, 1961, is valid when the escapement of income is less than Rs.50 lakh and issued after a lapse of 3 years from the end of the assessment year?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• Ashish Jain vs. ITO

  Delhi Bench ‘B’ benchAY 2016-17Allowed

• Rameshkumar Kanaiyalal Patel vs. The Income Tax Officer

  Ahmedabad bench

• EASH KUMAR SARNA, VS ITO, WARD -1, AND SEEMA RANI SARNA, VS. ITO, WARD -1

  Delhi Bench 'A', New Delhi benchAY 2015-16Allowed

• Revenue vs. Harishchandra & Sons

  Indore bench

• Deepak Kedia vs. ACIT, Circle-43, Kolkata

  Kolkata bench

• Rajiv vs. Income Tax Appellate Tribunal

  Indore bench