HC set-aside Section 148 notice as notice issued without any new tangible material

Ajay Ajit Tanna Vs. Union of India (Bombay High Court)

I.t can be seen that only if reasons had been furnished to the Petitioner that one could ascertain whether there was tangible material available with the A.O. for formation of his ‘reason to believe’ that the income had escaped assessment. In the absence of any new tangible material and assuming that there was any material with the A.O. though not disclosed, in the absence of and on account of the failure of the A.O. establishing a live link with such a tangible material, it cannot be said that

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