Assessing Officer issued a notice under section 148A(b) requiring assessee to furnish information with respect to the source, genuineness and creditworthiness of persons who gave loans to assessee just after its incorporation. Assessee filed a detailed reply objecting to the validity of said notice on the ground that such notice did not disclose any information with regard to escaped income of assessee but it was in the nature of an inquiry to be conducted under section 148A(a). Assessing Officer passed an order under section 148A(d) rejecting the assessee’s objection and issued a notice under section 148 for reopening of assessment. On writ, the High Court held that notice issued under section 148A(b) could not have been issued for verification on the part of the Assessing Officer; hence, the notice was quashed. SLP of revenue was dismissed. (AY. 2020-21)
ITO v. Onir Infraspace (P.) Ltd. (2025) 307 Taxman 615 / (2026) 487 ITR 420 (SC) Editorial : Onir Infraspace (P) Ltd v.ITO (2024) 168 taxmann.com 21 (Guj) (HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice issued for verification-High Court quashed the notice-SLP of revenue dismissed.[S. 148, 148A(b), 148A(d), Art. 226]