RATNAGIRI GAS AND POWER PRIVATE LIMITED vs ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 19(1),DELHI & ORS.

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 02.05.2025 + W.P.(C) 221/2023 RATNAGIRI GAS AND POWER PRIVATE LIMITED ..... Petitioner Versus ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 19(1), DELHI & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Nischay Kantoor, Ms Soniya Dudeja & Mr Sarthak Abrol, Advocates. For the Respondents : Mr Sunil Agarwal, Mr Viplav Acharya, Ms Priya Sarkar & Mr Utkarsh Tiwari, Advocates. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT VIBHU BAKHRU, J. 1. The petitioner has filed the present petition under Article 226 of the Constitution of India, inter alia, impugning a notice dated 02.12.2022 [impugned notice] issued under Section 148 of the Income Tax Act, 1961 [the Act] in respect of the assessment year [AY] 2013- 14. Essentially, the petitioner is aggrieved by the initiation of reassessment proceedings for AY 2013-14, which were commenced by issuance of a notice dated 24.05.2021 under Section 148 of the Act. The Signature Not Verified Digitally Signed By:TARUN RANA W.P.(C) 221/2023 Page 1 of 18 Signing Date:03.05.2025 15:04:33 said notice was subsequently deemed to be a notice under Section 148A(b) of the Act, in terms of the decision of the Supreme Court in Union of India & Ors. v. Ashish Aggarwal1. 2. The petitioner also impugns the said notice as well as an order dated 02.12.2022 passed under Section 148A(d) of the Act, which was issued pursuant to the aforementioned notice dated 24.05.2021. PREFATORY FACTS 3. The petitioner filed its return of income for AY 2013-14 on 29.11.2013, declaring a loss of ₹6,41,68,53,076/-. The petitioner’s return of income was selected for scrutiny and the Assessing Officer [AO] issued a notice under Section 143(2) of t