FTC Overseas v. CBDT (2022) 288 Taxman 321 /(2023) 456 ITR 686 / 332 CTR 724 (P & H)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Response filed to notice not considered-Proceedings not concluded-Interim stage-Writ petition was dismissed. [S. 148A(b), 148A(d), Art. 226, 227]

Assessee, a partnership firm, received notice under section 148A(b)-Details of information and enquiry on basis of issuance of notice were supplied to assessee along with said notice.  Assessee raised objections which were decided vide order passed under section 148A(d).  Assessee  filed  writ petition challenged notice under section 148A(b) and order passed under section 148A(d) on ground that stand of assessee had not been taken into consideration resulting in miscarriage of justice.   Dismissing the petition the Court held that at stage where proceedings had not even been concluded by statutory authority, writ Court could not have interfered at such pre-mature stage. Therefore, when proceedings initiated were yet to be concluded by a Assessing authority, interference by High Court in exercise of jurisdiction under article 226/227 of Constitution at this intermediate stage was not warranted. (AY. 2018-19)