Dismissing the petition the Court held that, if show-cause notice under section 148A (b) ought to be loaded with concise and precise information revealing foundational material which persuaded AO to come to a tentative finding that certain income had escaped assessment for relevant year and assessee had also filed a detailed reply to said notice, it was to be held that impugned order under section 148A(d) and consequential notice under section 148 had been issued/passed after following due process of law. Court also held that A taxing statute is to be interpreted literally. There is no intendment to taxing statute and nothing can be implied from or read into a taxing statute. The words used in taxing statutory provision are required to be given their plain meaning Assessee is directed to avail alterntaive remedy. The Court also observed that, it is settled in tax jurisprudence that taxing statute is to be interpreted literally. There is no intendment to a taxing statute. Nothing can be implied from or read into a taxing statute. The words used in a taxing stautory provision are required to be given in their plain meaning. referred, Ajmera Housing Corporation v. CIT (2010) 326 ITR 624/ (2010) 8SCC 739(para 6) Constitution Bench, Commissioner of Customs v. Dilip Kumar and Co. (2018) 9 SCC 1 (para 24, 34), Dy. CIT v. Ace Multi Axes Systems Ltd (2018) 400 ITR 141 (Sc),(2018) 2 SCC 158, Check Mate Services Pvt Ltd v. CIT (2022) 448 ITR 518 (SC) /(2023) 6 SCC 451, (Also refer CIT v. Kasturi and Sons Ltd (1999) 3 SCC 346, State of West Bengal v. Kersoram Industries Ltd (2004) 10 SCC 201). (AY 2016-17).
Amrit Homes (P.) Ltd. v. DCIT (2023) 457 ITR 334 /294 Taxman 661 (MP)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-No obligation to supply material or evidence on basis of which opinion is formed – Interpretation of Taxing Statutes – Nothing can be read into or implied – Words to be given their plain meaning-A taxing statute is to be interpreted literally-There is no intendment to taxing statute and nothing can be implied from or read into a taxing statute. The words used in taxing statutory provision are required to be given their plain meaning-.Alternative remedy-Writ petition is dismissed.[S. 148, 148A(b), 148A(d), Art. 226]