The petitioner challenged the order passed under section 148A(d) of the Act, on the ground that the order was passed without considering the objections raised by the petitioner. Dismissing the petition the Court held that for rectification of errors statutory remedy has been provided. The reasons assigned by the Assessing Officer to tentatively believe that taxable income has escaped assessment cannot be brushed aside at the threshold without a fact-finding procedure, especially when the petitioners are not remediless and have got equally efficacious recourses under the Act. Court held that where the proceedings have not even been concluded by the statutory authority, the writ court should not interfere at such a premature stage. (AY.2018-19)
Anshul Jain v. PCIT (2022)449 ITR 251 / 142 taxmann.com 185 (P&H)(HC) Editorial: SLP dismissed, Anshul Jain v. PCIT (2022) 449 ITR 256/329 CTR 463/ 219 DTR 169/ 289 Taxman 239 (SC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Reason given for notice-Existence of alternate remedy-Writ is not maintainable.[S. 148A(b), 148(d), Art, 226]