Laxmi Gupta vs. ITO Ward 3(2), Darjeeling

Parties Involved

Facts Summary

The assessee, Laxmi Gupta, filed her return of income on 25.09.2016 declaring a total income of Rs. 2,79,500/-. The case was reopened under section 147 of the Income Tax Act, 1961 by issuing a notice under section 148 on 12.07.2021. The reopening was based on a difference between the stamp duty value and the purchase consideration of Rs. 7,35,960/-, which was liable to be added under section 56(vii)(b) of the Act. The case was transferred to a regional e-assessment centre under the Faceless Assessment Scheme on 11.11.2021, and a notice under section 142(1) along with a questionnaire was issued to the assessee. The assessment was framed by making an addition of Rs. 20,10,960/- vide order dated 30.03.2022 passed under sections 143(3) read with sections 144/144B of the Act.…

Legal Issues

• 1. Whether the notices issued and orders passed in the proceedings are without jurisdiction, barred by limitation, and bad in law.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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