Harsimran Singh Gill v. Union Of India And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No. 124 Case No. : C. W. P. No. 2250 of 2022 Date of Decision : February 08, 2022 Harsimran Singh Gill ....

Petitioner vs.

Union of India and others ....

Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI.

HON'BLE MR. JUSTICE PANKAJ JAIN.

* * * Present :

Mr. Sunil K. Mukhi, Advocate for the petitioner.

* * * AJAY TEWARI , J.

(Oral) :

By this petition, the petitioner has challenged the notice issued to him under Section 148 of the Income Tax Act, 1961. Learned counsel has very fairly stated that this is the case where notice issued on 28.03.2021 was received on 30.03.2021. He, however, states that a perusal of Annexure P-4 reveals that the reason which has been given for initiating re-assessment is that the petitioner had earned capital gain from the sale of immovable property worth Rs.84,00,000/- but has failed to show any such capital gain in the Income Tax Return. However, a perusal of Annexure P-2 reveals that the petitioner has clearly mentioned income of Rs.84,00,000/- in his Income Tax Return and has also paid tax thereon. In our considered view, if the petitioner files reply to this effect, it would incumbent upon the Assessing Officer to pass an appropriate order thereon, before proceeding any further.

Disposed of accordingly.

(AJAY TEWARI) JUDGE February 08, 2022 (PANKAJ JAIN) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.

MONIKA 2022.02.09 14:15 I attest to the accuracy and integrity of this document