#Section 148A Income Tax Act

The ITAT Delhi has struck down a reassessment and penalty under Section 271AAC, ruling that jurisdiction under Section 148A cannot be established using factually incorrect search data when the Assessing Officer fails to apply independent mind. This sets a critical precedent for taxpayers facing reassessments triggered by flawed intelligence, reinforcing that procedural legitimacy requires more than just copied data.

ITAT Agra rules that reassessment notices issued under Section 148 of the Income Tax Act on or after 01-04-2021 must strictly comply with the amended Section 148A procedure. Failure to do so renders the notice invalid, quashing the entire reassessment proceedings. This decision reinforces procedural safeguards for taxpayers against arbitrary reopening of assessments.

ITAT Delhi quashes reassessment proceedings where the Assessing Officer introduced fresh grounds in the 148A(d) order that were absent in the original notice under Section 148A(b). The ruling reinforces that reassessment cannot be a fishing expedition and must strictly comply with statutory procedure to uphold natural justice for taxpayers.