LALIT GULATI vs ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 28(1), DELHI & ORS.

Judgment text excerpt

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 02.05.2025 + W.P.(C) 6216/2023 & CM APPL. 18288/2025 LALIT GULATI .....Petitioner Through: Mr Ved Jain, Mr Nischay Kantoor, Ms Soniya Dodeja, and Mr Sarthak Abrol, Advocates. versus ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 28(1), DELHI & ORS. .....Respondents Through: Mr Abhishek Maratha, SSC, Mr Apoorv Agarwal, Mr Parth Samwal, JSCs, Ms Nupur Sharma, Mr Gaurav Singh, Ms Muskaan Goel, Mr Bhanukaran Singh Jodha, Advocates for the Revenue 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 a notice dated 23.07.2022 issued under Section 148 of the Income Tax Act, 1961 [the Act] and further proceedings pursuant to the said notice in respect of Assessment Year [AY] 2015-16. 2. The petitioner filed its return of income for the AY 2015-16 on Signature Not Verified Digitally Signed W.P. (C) 6216/2023 Page 1 of 5 By:TARUN RANA Signing Date:03.05.2025 16:13:37 23.09.2015, declaring total income of ₹ 13,63,47,964/-. 3. The Assessing Officer [AO] issued a notice dated 05.04.2021 under Section 148 of the Act seeking to reopen the assessment for AY 2015-16. Although the said notice was issued after 31.03.2021, the procedure as prescribed under Section 148A of the Act was not followed, as the notice was premised on the provisions relating to reassessment as were in force prior to 31.03.2021. 4. Thereafter, by a communication dated 30.05.2022, the AO referred to the decision of the Supreme Court in Union of India & Ors. v. Ashish Agarwal: (2022) 444 ITR 1 and forwarded certain information, which, according to the AO, suggested that the petitioner’s income had escaped assessment. The said communication