Notice was issued u/s 148A(d) of the Act as well as notice u/s 148 of the Act . The assessee filed writ petition and contended that the notice was issued in a mechanical manner and without any independent application of mind . It was also contended that show cause notice pertains to assessment year 2014 -15 which has been used to frame assessment for the AY.. 2018 -19 . Dismissing the petition the Court held that Revenue has relied on the statement of the entry provider which was made on oath in the course of Search and Seizure proceedings which was not contradicted . The assessee has only submitted bank statements . Court relied on following case laws Raymond Woollen Mills Ltd v .ITO ( 2008) 14 SCC 218 , CIT v. Chhabil Das Aggarwal ( 2014) 1 SCC 603 . ( WP.No.( C) 5787 / 2022 & CM A. 17927/ 2022 dt 7 -4 -2022 )( AY. 2018 -19 )
Gulmuhar Silk Pvt Ltd v. ITO ( 2022) 212 DTR 345/ 326 CTR 244 ( Delhi)( HC)
S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Assessment order not passed – Statement of entry provider – Case does not fall under the exceptional grounds – Alternative remedy – Writ petition was dismissed [S. 148 , Art, 226 ]