Red Chilli International Sales v. ITO (2022) 288 Taxman 107 / (2023) 452 ITR 218 / 223 DTR 140 / 332 CTR 807 (P&H)(HC) Editorial : Red Chilli International Sales v. ITO (2023)452 ITR 222 (SC), affirmed, but observations set aside.

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Alternative remedy-Writ will not normally maintainable. [S. 148, Art. 226]

Dismissing the writ petition the Court held that where the proceedings had not even been concluded by the statutory authority, the writ court should not interfere at such a premature stage. From a bare reading of the notice, it could not be held that the authority had assumed jurisdiction not vested in it. The correctness of the order under section 148A(d) was being challenged on a factual premise contending that jurisdiction had been wrongly exercised. There is a distinction between jurisdictional error and error of law/fact within the jurisdiction. For rectification of errors statutory remedy has been provided. The notice of reassessment could not be quashed. (AY.2018-19)