Case Law Details
Anurag Gupta Vs ITO (Bombay High Court)
Bombay High Court held that initiation of re-assessment proceedings in violation of the procedure prescribed under section 148A(b) of the Income Tax Act i.e. without supplying requisite material is bad in law and liable to be set aside.
Facts- The Petitioner challenges the notice under Section 148 of the Income Tax Act, 1961 (“the Act”) dated 26 March 2022 and notice dated 08th March 2022 under Section 148A(b) of the Act as also the Order passed in terms of Section 148A(d) of the Act.
The petitioner urged that the procedure as prescribed under Section 148A(b) of the Act as also the principles of natural justice had been violated, inasmuch as while the Petitioner was given the information in terms of Section 148A(b) of the Act, the material which ought to have been provided to the Petitioner was not so furnished, in the absence whereof the Petitioner was precluded from fling an effective reply to the show cause notice.
Conclusion- Held that the reassessment proceedings initiated are unsustainable on the the ground of violation of the procedure prescribed under Section 148A(b) of the Act on account of failure of the assessing officer to provide the requisite material which ought to have been supplied alongwith the information in terms of the said section.
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