The Assessing Officer issued a notice to reopen the assessment under sections 148 and 147 on the ground that income had escaped assessment on account of receipt of Rs. 85 lakhs in cash by the assessee. The assessee did not file any response to the notice. Further notice under section 142(1) was issued which required the assessee to furnish further information. According to the assessee without furnishing any material or information sought by him regarding the alleged loan the National Faceless Assessment Centre passed the order under section 147 read with section 144B and the penalty notice issued under section 271D. On writ allowing the petition the Court held that that the issuance of notice under section 148 in the absence of any new tangible material was nothing but an attempt to review the earlier order of assessment passed by the Assessing Officer. The assessee need not be relegated to the alternate remedy as provided under the Act for the reason that not only had the Assessing Officer failed to satisfy the jurisdictional conditions for invoking his power under sections 147 and 148 but had also failed to comply with the directions of the Supreme Court decision GKN Driveshafts (India) Ltd. v. ITO (2002) 125 Taman 963/ (2003) 259 ITR 19 (SC). Therefore, the notice issued under section 148, the order under section 147 read with section 144B and the consequent notice of demand under section 156 and penalty notice under section 271D were set aside. Referred CIT v. Chhabil Dass Agarwal(2013) 357 ITR 357 ( SC). (AY. 2015-16)