Dismissing the petition the Court held that notice under S. 148A(b) for asst. yr. 2016-17 itself was illegal since in the body of the annexure to the impugned notice under S 148A(b) there is a reference of some transaction relating to financial years 2017-18 and 2018-19 and that it is incurable defect and it cannot be cured is not sustainable. (AY. 2016-17)
Champa Impex (P) Ltd. v. UOI (2024) 337 CTR 365 (Cal) (HC) Editorial : Affirmed by division bench, Champa Impex (P.) Ltd. v. UOI (2024) 297 Taxman 336 /337 CTR 356 (Cal.)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Defects in the notice-Curable defects-The body of the annexure to the notice under S. 148A(b) there is a reference of some transaction relating to financial years 2017-18 and 2018-19 and that it is incurable defect and it cannot be cured is not sustainable-Writ petition is dismissed. [S. 148, 148A(b), 148A(d), Art. 226]