Gian Castings Private Limited Vs Central Board Of Direct Taxes & Ors. (Supreme Court of India)
SLP filed against the decision of Hon’ble Punjab & Haryana High Court in case of Gian Castings Private Limited vs. Central Board of Direct Taxes and Ors., CWP No.9142/2022 dated 02-06-2022 dismissed by Hon’ble Supreme Court vide its order dated 17.06.2022.
The Hon’ble Supreme Court in Special Leave Petition filed against the decision of Hon’ble Punjab & Haryana High Court in case of Gian Castings (P) Ltd. has been dismissed wherein Hon’ble Punjab & Haryana High Court has refused to interfere by way of writ jurisdiction under Article 226 of the Constitution of India where reassessment proceedings are initiated by issue of notice under section 148 of the Income Tax Act, 1961 (“the Act”) was at its intermediate stage and was yet to be concluded as per provisions laid down under the Act.
In the said case, the AO has passed order u/s 148A(d) and issued notice u/s 148 of the Act. The AO was issued notice u/s 148A(b) of the Act along with details of information and the inquiry forming basis of reopening. The assessee has also raised objections against such notice.
- The assessee has challenged notice u/s 148A(b) of the Act as well as notice u/s 148 of the Act and contended in writ filed before High Court that:
– There is no escapement of income for reopening under section 147 of the Act.
– While deciding on objections, stand of the assessee is not taken into consideration and order u/s 148A(d) of the Act is passed in mechanical manner, resulting in miscarriage of justice.
