Notices issued under section 148 to assessee had been challenged on ground that assumption of jurisdiction under section 147 by ITO was ab initio void .Court observed that petitioner had approached High Court without availing alternative remedy available under Act .Further, petitioner had not been able to put forth any cogent and satisfactory reason for exercise of extraordinary jurisdiction by High Court under article 226 . Court also observed that since notice under section 148 had culminated into an order of assessment which could be assailed before appellate authority, writ petition could not be entertained . (AY. 2010-11)
Kasautii Jewellers v. CIT (2020) 274 Taxman 49 / 195 DTR 389 / 317 CTR 675 (Jharkhand)(HC)
S. 148 : Reassessment – Notice – When alternative remedy of appeal is available under statute, it would not be appropriate and proper for High Court to exercise extraordinary jurisdiction conferred on High Court .[ S.147 , Art , 226 ]