Assessing Officer issued notice under section 148A(b) requiring assessee to furnish information with respect to source, genuineness and creditworthiness of persons who gave loans to assessee just after its incorporation. Assessee filed detailed reply objecting to validity of said notice on ground that such notice did not disclose any information with regard to escaped income of assessee but it was in the nature of inquiry to be conducted under section 148A(a). Assessing Officer passed an order under section 148A(d), rejecting the objection of the assessee and issued notice under section 148 for re-opening of assessment. On writ, the Court held that notice issued under section 148A(b) could not have been issued for verification on the part of the Assessing Officer; hence, bad in law. Notice and consequential orders were quashed. (AY. 2020-21)
ONIR Infraspace Pvt. Ltd v. ITO [2024] 168 taxmann.com 21 / (2026) 487 ITR 412(Guj)(HC) Editorial : SLP of revenue dismissed, ITO v. ONIR Infraspace Pvt. Ltd (2025] 307 Taxman 615 / (2026) 487 ITR 420 (SC).
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Initial notice-Notice calling upon assessee to submit various details for verification of data-Notice could not have been issued for verification-Notice not commensurate with the requirement of clause (b) Not sustainable.[S. 148A(b), 148A(d), Art. 226]
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