Section 148 Notice Based on Search Material Held Without Jurisdiction: Bombay HC

Sejal Jewellary & Anr. Vs Union of India & Ors (Bombay High Court) The Bombay High Court decided a batch of writ petitions raising a common question of law concerning the validity of notices issued under Section 148 of the Income-tax Act, 1961 for Assessment Year 2012-13. The principal issue was whether the Assessing Officer could invoke Section 147 on the basis of material arising from a search conducted under Section 132, or whether the statutory procedure under Sections 153A and 153C was required. The lead petitioner, a partnership firm engaged in manufacturing and trading gold and ...