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TEJINDER SINGH DHINDSA, PANKAJ JAIN
Midland Microfltd. – Appellant
Versus
Union Of India – Respondent
JUDGMENT
ORDER
Pankaj Jain, J. - By way of present writ petition filed under Article 226 of the Constitution, the petitioner seeks issuance of writ in the nature of certiorari for quashing notice issued to the petitioner under Section 148A (b) of the Income Tax Act, 1961 (for short 'the Act') dated 09.03.2022 (Annexure P-1), order passed under Section 148A(d) dated 31.3.2022 along with notice under Section 148 (Annexure P-2) for the assessment year 2018-19.
2. The petitioner is a Company incorporated under the provisions of the Companies Act, 1956 and is an assessee under the Income Tax Act. For the assessment year 2018-19, the petitioner filed the income tax return declaring total income amounting to Rs.2,26,23,550/-. The assessment was completed under Section 143(3) read with Section 144B of the Act vide order dated 20.04.2021. On 9.3.2022 the petitioner was served with notice under Section 148A (b) of the Act for the same assessment year i.e. 2018-19 claiming that the information with the authorities suggests that the income chargeable to the tax for the assessment year 2018-19 has escaped the assessment within the meaning of Section 147 of the Act. The petitioner responded to the
The main legal point established in the judgment is that the writ court should not interfere at a premature stage when the proceedings initiated are yet to be concluded by a statutory authority.
The main legal point established is that the delay in issuance of a notice beyond the limitation period and the inchoate nature of a digitally signed notice can lead to the quashing of the notice and....
The court emphasized that the Assessing Authority must follow the prescribed procedure under Section 148A of the Income Tax Act, 1961 and consider the material on record before issuing an order or no....
The main legal point established in the judgment is that the notice under Section 148A(b) must provide the assessee with not less than seven days to submit a reply, and the issuance of notices must c....
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