Micro Marbles Pvt. Ltd. v. ITO (2023)457 ITR 569/ 331 CTR 329/ 223 DTR 41 /149 taxmann.com 387 (Raj)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Principle of natural justice-Material forming basis for such belief must be furnished-Writ is maintainable.[S.148, 148A(b), 148A(d), Art. 226]

Held, that the material, which formed the basis for the officer forming an opinion that he had reason to believe that the income chargeable to tax had escaped assessment in the hands of the assessee for the relevant year, had not been supplied to the assessee to enable it to file a proper and effective reply. Hence the entire proceedings for the reopening of the assessment and leading to the consequential assessment were vitiated in law. Notice and order is quashed and set side.  (AY.2017-18)