JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorari to call for the records of the Writ Petitioner on the file of the 1st Respondent to quash the impugned order u/s. 148A(d) of the Income Tax Act, 1961 dated 28.03.2023 in DIN & Notice No.ITBA/AST/F/148A/2022-23/1051466692(1) for the Assessment Year 2016-17.)

1. The petitioner challenges an order dated 28.03.2023 under Section 148A(d) of the Income Tax Act, 1961 (the Income Tax Act) and the consequential notice dated 28.03.2023 under Section 148 thereof.

2. The petitioner received a notice dated 28.02.2023 under Section 148A(b) of the Income Tax Act calling upon the petitioner to show cause as to why a notice under Section 148 should not be issued in respect of the transactions specified in the annexure to the notice. A reply dated 03.03.2023 was issued by the petitioner in respect thereof. Thereafter, the impugned order was issued concluding that it is a fit case for issuance of notice under Section 148 of the Income Tax Act. This writ petition was filed in the said facts and circumstances.

3. Learned counsel for the petitioner assails the impugned order on three grounds