Allowing the petition the Court held, that the reassessment proceedings initiated were unsustainable on the ground of violation of the procedure prescribed under section 148A(b) of the Act on account of failure of the Assessing Officer to provide the requisite material which ought to have been supplied with the information in terms of the section. The order dated March, 25 2022 passed under section 148A(d) of the Act, and the notice under section 148 of the Act were quashed. The Court also observed that it is open to revenue to proceed in the matter from the stage of issue of notice under section 148A(b) of the Act, if it is otherwise permissible keeping in view the issue of limitation. (AY. 2018-19)
Anurag Gupta v. ITO (2023)454 ITR 326 / 332 CTR 811/ 225 DTR 211 (Bom)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Assessee must be furnished material on the basis of which initial notice was issued-Notice was quashed. [S. 148, 148A(b), 148A(d), Art, 226]