Yellaiah Setty v. Asst. CIT (2024) 461 ITR 107 (Telangana)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Premature-Before issue of notice u/s 148-Writ petition is dismissed. [S.148, 148A(b), 148A(d), Art. 226]

Dismissing the petition the Court held that the order under section 148A(d) is at a stage prior to issuance of notice under section 148. Unless glaring omissions are demonstrated or the conditions precedent for exercise of the power to reopen assessment are not complied with, a writ court would not ordinarily interfere with an order passed under section 148A(d) inasmuch as the proceedings are at a very nascent stage even prior to issuance of the statutory notice under section 148. (AY. 2015-16)