Smt. Sudha Agarwal vs. ITO, Ward 6(4), Jaipur

Parties Involved

Facts Summary

The case involves an appeal by the assessee, Smt. Sudha Agarwal, against the order of the Lower Division Commissioner of Income Tax (Appeals) for the assessment year 2013-14. The assessee challenges the validity of a notice issued under section 148 of the Income Tax Act and the consequent order passed under section 147 of the Act. The assessee claims that the notice was issued based solely on information received from the Directorate of Income Tax (Investigation), Ahmedabad, without any independent examination by the Assessing Officer (AO). The assessee argues that the AO did not apply his mind independently to the information received and that the reasons recorded by the AO are not in accordance with the law. The assessee also contends that the AO incorrectly stated that the assessee had not declared the long-term capital gain in the return filed in response to the notice under section 148, whereas the assessee had shown exempt income in the return.…

Legal Issues

• 1. Validity of the notice issued under section 148 of the Income Tax Act
• 2. Confirmation of the addition made by the AO under section 69A of the Act

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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