Allowing the petition, the Court held that that the Assessing Officer was required to decide on the basis of material available on record including the reply filed by the assessee whether it was a fit case to issue notice under section 148 or not. The matter was remanded back to the Assessing Officer to pass a fresh order after giving an opportunity of hearing to the assessee. (AY. 2018-19)
Kanishka Prints Pvt. Ltd. v. ACIT (2025) 474 ITR 86 /163 taxmann.com 178 (Guj)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Order passed without considering the reply-Order set aside.[S. 147, 148, 148(A(b), 148A(d) Art. 226]