MOHD ATHAR ANJUM vs ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 28, DELHI

Judgment text excerpt

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 25.04.2025 + W.P.(C) 4196/2025 & CM APPL. 19451/2025 MOHD ATHAR ANJUM .....Petitioner Through: Mr Paritosh Jain with Mr Divyansh Jain and Mr Abhishek, Advocates. versus ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 28, DELHI .....Respondent Through: Mr Yojit Pareek, JSC. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA VIBHU BAKHRU, J. (ORAL) 1. The petitioner has filed the present petition, inter alia, impugning an assessment order dated 21.03.2025 [impugned order] passed by the Assessing Officer [AO] under Section 147 of the Income Tax Act, 1961 [the Act]. The impugned order was passed pursuant to the proceedings initiated for reassessment of the petitioner’s income for Assessment Year [AY] 2018- 19. 2. The petitioner had filed his return of income for AY 2018-19 under Section 139 of the Act on 21.11.2018 declaring an income of ₹19,11,290/-. 3. A survey was carried out under Section 133A of the Act on 01.09.2022 in the case of Mahajan Group of Industries and Ferticity IVF Clinics Pvt. Ltd. 4. Apparently, on the basis of the information found during the said Signature Not Verified Digitally Signed W.P.(C) 4196/2025 Page 1 of 10 By:TARUN RANA Signing Date:03.05.2025 16:08:42 survey, the AO issued a notice dated 27.01.2024 under Section 148A(b) of the Act. The information as enclosed with the said notice indicates that the AO had information regarding certain unexplained cash transactions, which suggests that the petitioner’s income for the previous year relevant to AY 2018-19 had escaped assessment. 5. The AO alleged that the petitioner had entered into certain unexplained cash transactions amounting to ₹37,63,528/- during the AY 2018-19. 6. The petitioner responded to the s