Abha Goel v. ITO (2023) 450 ITR 704 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Principle of natural justice-Assessing Officer was directed to supply with material relied-Order and notice set aside-Liberty granted to Department to pass fresh order if necessary. [S. 147, 148, 148A(d), Art. 226]

The assessee challenged the order passed under section 148A(d) of the Act on the ground that the material relied while passing the order was not supplied to the assessee. The court set aside the order passed by the Assessing Officer under section 148A(d) of the Income-tax Act, 1961 and the consequent notice issued under section 148. The Assessing Officer was directed to furnish the information or material relied upon by him to seek reopening of the assessment under section 147 and any other material in his possession which contained information concerning third parties and if it related to the assessee after redacting information concerning the third parties. Liberty was granted to the Department to pass a fresh order if found necessary thereafter in accordance with law. (AY. 2015-16)