Bharat Heavy Electricals Ltd. v. PCIT (2022) 444 ITR 234 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Public sector undertaking-Input tax credit fraud-Proceedings stayed until further orders. [S. 148, Art, 226]

The assessee is a public sector undertaking. The order passed under section 148A(d) of the Income-tax Act, 1961 and the notice issued under section 148  of the Act. On writ the Court held that on the facts it was unlikely that the assessee would be engaged in input tax credit fraud as alleged by the respondents. Accordingly, till further orders, no action should be taken in pursuance of the order passed under section 148A(d) and the notice issued under section 148.Stay was granted until further orders. (AY. 2018-19)